QBE Insurance (Australia) Ltd v Smith & Anor

[2005] HCATrans 605

[2005] HCATrans 605

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S242 of 2005

B e t w e e n -

QBE INSURANCE (AUSTRALIA) LIMITED

Applicant

and

SIMON JAMES SMITH

First Respondent

NATHANIEL MAXWELL SMITH BHNF SUE AVARD

Second Respondent

Summons for expedition

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 AUGUST 2005, AT 10.35 AM

Copyright in the High Court of Australia

MR H.N. KELLY, SC:   If your Honour pleases, I appear with my learned friend, MR B.G. SMITH, for the applicant.  (instructed by Moray & Agnew)

MR H.J. MARSHALL, SC:   May it please the Court, I appear with my learned friend, MR T.J. DIXON, for the first respondent.  (instructed by Beilby Poulden Costello)

MR M.G. GILBERT:   Your Honour, I appear for the second respondent.  (instructed by Stacks – The Law Firm)

HIS HONOUR:   Some submissions came up without any identity.

MR KELLY:   I am sorry, your Honour, they are the submissions of the applicant, and there was an affidavit, I thought.

HIS HONOUR:   An affidavit, yes.

MR GILBERT:   Your Honour, can I say that I sent an affidavit up and I apologise.  It is an affidavit of my instructing solicitor.  That is the solicitor for the second respondent, the child Nathaniel Maxwell Smith.  It is more of a submission, your Honour, but I ‑ ‑ ‑

HIS HONOUR:   Arguably there are some common issues between this case and the matter concerning Nominal Defendant v GLG Australia and there is a vacancy in the list on 9 September and it seems appropriate to put the case in.  Do you have any problems with that, Mr Marshall, Mr Gilbert?

MR MARSHALL:   No, your Honour.

MR GILBERT:   The special leave application, no, your Honour.

HIS HONOUR:   Very well.  In the matter of QBE Insurance v Smith & Anor, I make an order that the hearing of the special leave application be expedited and be determined on 9 September 2005.  It will be a matter for the Court hearing that as to whether or not, if leave is granted, it directs it be heard together with the other matter.  Again, the appropriate order is that the costs of this summons should be costs in the special leave application.  Is there anything further?

MR KELLY:   No, thank you, your Honour.

HIS HONOUR:   The Court will now adjourn.

AT 10.37 AM THE MATTER WAS CONCLUDED