Public Transport Corporation v Waters

[1990] HCATrans 40

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M3 of 1990

B e t w e e n -

PUBLIC TRANSPORT CORPORATION

Applicant

and

P . WATERS , J ~. HARROWELL ,

J. ASINAKIPOULOS, M. COOPER,

K. BALL, M. STEWART, D. BLYTH,

R. BERGER and E. MEEHAN

Respondents

Application for special leave

to appeal

Public

MASON CJ DAWSON J

TOOHEY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 9 MARCH 1990, AT 9.34 AM

Copyright in the High Court of Australia

MlT2/l/FK 1 9/3/90

MR B. BONGIORNO, QC: If the Court pleases, I appear with

my learned friend, MR R. TRACEY, for the applicant

in this matter. (instructed by Solicitor to

the Public Transport Corporation)

MR A.M. NORTH, QC: If the Court pleases, I appear with my

learned friend, MR H. BORENSTEIN, for the respondents

in this matter. (instructed by Slater & Gordon)

MR BONGIORNO:  If the Court pleases, the only application in

this matter, Your Honours, is that it be adjourned

to the next special leave day, being 8 June of this

year. It is an application that is already known to

Your Honour Mr Justice Dawson as being a matter that

is, to some extent, premature, was not at the time - - -

'

• MASON CJ: It is known to us all because we have read the

papers, Mr Bongiorno.

MR BONGIORNO:  Yes. It has already come before Mr Justice Dawson

on an earlier occasion.

MASON CJ: Yes, soi gather.

MR BONGIORNO:  Your Honour, it is a matter in respect of which

the application for special leave relates to a judgment

of Mr Justice Cummins. The application may become

redundant in the event that the Equal Opportunity

Board gives a ruling in a certain way on a matter

in respect of which it has reserved. That is the short
reason for seeking the adjournment. If the

Equal Opportunity Board rules in a certain way, well then the application would still be alive and it would

need to be made, but if it rules another way well then,

it will not need to be made and we would not be

persisting with it. The application we now make is

consented to by the respondents and we would ask the

Court to take that course.

MASON CJ:  Can I ask you this question? Is there no right of

appeal from the decision of Mr Justice Cummins to the

Full Court?

MR BONGIORNO:  No, Your Honour, there is not. The MAGISTRATES

COURTS ACT limits the appeal from the Equal Opportunity

Board to a single judge of the supreme court unless the

order nisi to review is made returnable before the

Full Court, and it was not in that case. It was made

returnable before a single judge, and once that occurs

there is no appeal from a single judge to the Full Court.

MASON CJ: Are there any proposals to amend the relevant

provisions of the MAGISTRATES COURTS ACT?

MR BONGIORNO: Not so far as I am aware, Your Honour. If there

is, I am not aware of them.

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MASON CJ: Very well, the matter will be adjourned, by

consent, to the next special leave day in

Melbourne on 8 June.

MR BONGIORNO:  Yes. The only other matter, Your Honour,

is the matter of costs, and the applicant, my client,

agrees to pay the respondents' costs occasioned by the

adjournment.

MASON CJ:  Very well. The applicant will pay the respondents'

costs occasioned by the adjournment of the matter.

MR BONGIORNO: If the Court pleases.

AT 9.37 AM THE MATTER WAS ADJOURNED

UNTIL FRIDAY, 8 JUNE 1990

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