Pollentine and Anor v The Honourable Jarrod Pieter Bleijie, Attorney-General for the State of Queensland & Ors

[2013] HCATrans 303

[2013] HCATrans 303

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B39 of 2013

B e t w e e n -

EDWARD POLLENTINE

First Plaintiff

ERROL GEORGE RADAN

Second Plaintiff

and

THE HONOURABLE JARROD PIETER BLEIJIE, ATTORNEY‑GENERAL FOR THE STATE OF QUEENSLAND

First Defendant

MARLENE MORISON, COMMISSIONER, QUEENSLAND CORRECTIVE SERVICES

Second Defendant

THE CHIEF JUDGE AND JUDGES OF THE DISTRICT COURT OF QUEENSLAND

Third Defendant

Summons for Directions

KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 11 DECEMBER 2013, AT 10.15 AM

Copyright in the High Court of Australia

____________________

MR D.P. O’GORMAN, SC:   If the Court pleases, I appear with my learned friend, MR R.W. HADDRICK, for the plaintiffs.  (instructed by Prisoners’ Legal Service Inc)

MR G.J.D. DEL VILLAR:   May it please the Court, I appear for the defendants.  (instructed by Crown Law).

HER HONOUR:   Thank you.  The parties have agreed and filed a special case.

MR O’GORMAN:   Yes, your Honour.

HER HONOUR:   The draft directions which have been provided make provision for an amended statement of claim and a defence.

MR O’GORMAN:   Yes, your Honour.  We thought we need to refine a couple of areas of the statement of claim ‑ ‑ ‑

HER HONOUR:   We discussed this at the last directions.

MR O’GORMAN:   We did, your Honour, and unfortunately I have not as yet attended to that, but we will be now turning our minds to that matter.

HER HONOUR:   All right.  What sort of timeframe are you ‑ ‑ ‑

MR O’GORMAN:   Your Honour, if it is not going to matter to when it might be listed, we would seek to the end of January, but if it needs to be we could do it in the next 10 days.

HER HONOUR:   I do not think there is any urgency about the matter and February has already been listed.

MR O’GORMAN:   Thank you, your Honour.

HER HONOUR:   So you are talking about Friday, 31 January?

MR O’GORMAN:   Yes, your Honour.

HER HONOUR:   Mr del Villar, you think a defence will be appropriate?  There are not any facts in contention, but is the defence going to sharpen the joinder of issue?

MR DEL VILLAR:   Possibly, your Honour.  We put that in because essentially we could not put in a defence, given the statement of claim in its current form.  If it is not regarded as necessary then we would not put one in but we are happy enough to do so, if that will assist the Court and the parties.

HER HONOUR:   Well, unless there is a problem with the defence in the sense that the case stated leaves no factual issue, I suppose on one view if the defence is really just a statement of the legal position it can await written submissions.  But if it is at all possible to identify the issues but properly pleaded, I think defences are always of assistance.  If the respondent’s position can be properly stated within pleading rules it is best to do so.

MR DEL VILLAR:   Yes.

HER HONOUR:   How long would you need?

MR DEL VILLAR:   If they have until 31 January, could we have three weeks, your Honour?

HER HONOUR:   That will be 21 February.

MR DEL VILLAR:   Yes, your Honour.

HER HONOUR:   Then do you want it listed for directions the week after that, 28 February?

MR DEL VILLAR:   That would suit us, your Honour.

MR O’GORMAN:   Yes, thank you, your Honour.

HER HONOUR:   It should then be in a position to have directions for it to be referred in.  I do not know whether it is anticipated there will be any interveners in this matter.  I do not know whether there is any legislation like this in the other States.

MR O’GORMAN:   I believe Western Australia may have something somewhat similar.

MR DEL VILLAR:   I would not be at all surprised if there were interveners, your Honour.

HER HONOUR:   All right, I will keep that in mind for the directions.  There will be orders in these terms:

1.The plaintiffs file and serve on the defendants an amended statement of claim on or before Friday, 31 January 2014.

2.The defendants file and serve on the plaintiffs a defence on or before Friday, 21 February 2014. 

3.The matter be listed for further directions in Brisbane at 10.15 am on Friday, 28 February before me.

Nothing further, gentlemen?

MR O’GORMAN:   No thank you, your Honour.

MR DEL VILLAR:   No, your Honour.

HER HONOUR:   Thank you.  The Court will now adjourn.

AT 10.20 AM THE MATTER WAS ADJOURNED