R & R Fazzolari Pty Limited v Parramatta City Council; Mac's Pty Limited v Parramatta City Council

[2008] HCATrans 286

[2008] HCATrans 286

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S323 of 2008

B e t w e e n -

R & R FAZZOLARI PTY LIMITED

Applicant

and

PARRAMATTA CITY COUNCIL

Respondent

Office of the Registry
  Sydney  No S324 of 2008

B e t w e e n -

MAC’S PTY LIMITED

Applicant

and

PARRAMATTA CITY COUNCIL

First Respondent

MINISTER ADMINISTERING THE LOCAL GOVERNMENT ACT 1993

Second Respondent

Applications for special leave to appeal

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 6 AUGUST 2008, AT 2.21 PM

Copyright in the High Court of Australia

__________________

MR I.J. HEMMING:   I appear for the applicants in each of the proceedings, your Honour.  (instructed by Hunt & Hunt)

MR N.C. HUTLEY, SC:   May it please, your Honour, I appear with MR C.R. IRELAND for the first respondent in each of the proceedings.  (instructed by Blake Dawson)

MR HEMMING:   I anticipated, your Honour, that the Minister would be represented.

HIS HONOUR:   Ordinarily there is no point in making an order for an expedited hearing of a special leave application unless it is for the purpose of foreshortening the times for compliance with the Rules.  Special leave applications now come on for hearing on the first available special leave date after those procedures are followed, so I presume that the real point of this application is to make some directions in relation to time for complying with the Rules.

MR HEMMING:   Yes, your Honour.

HIS HONOUR:   Do you have those there?

MR HUTLEY:   Yes, your Honour.  Subject to a small dispute about one date, I think the position of the applicant is that they wish our argument by 13 August 2008.  We propose by 15 August.  This is done on the basis that that would put us in a position, or the Court in a position, to hear the application on 26 August 2008.  Now, I think the difference of date is purely a question of convenience of counsel.  I understand junior counsel for the applicants becomes unavailable after the 13th and, I will be frank, I have a personal difficulty in that period, but whatever your Honour considers to be appropriate, we will not say any more.

HIS HONOUR:   Is that the position, Mr Hemming?

MR HEMMING:   Yes, your Honour.

HIS HONOUR:   So we have narrowed the difference down from the 13th to the 15th.

MR HEMMING:   It is just item 3 and, to be frank, it is merely that I have a wedding anniversary that I will be away for from the 14th, so it is so that I can have at least a look at it.

HIS HONOUR:   All right.  Well, you have had a big win on that point, Mr Hemming.  So if I make these directions, are people happy with that?

MR HUTLEY:   And add the 13th.

MR HEMMING:   If 3 is changed to the 13th, yes, your Honour.

HIS HONOUR:   Very well.  In both of these matters, that is S323/2008 and S324/2008 I make orders for an expedited hearing of the special leave application and I will make the following directions:

1.One combined application book is to be prepared for application S323/2008 and S234/2008.

2.The applicant’s summary of argument is to be filed and served by 6 August 2008.

3.The respondent’s summary of argument is to be filed and served by 13 August 2008.

4.The applicant’s reply is to be filed and served by 18 August 2008.

5.The application book is to be filed and served by 19 August 2008.

MR HUTLEY:   May it please the Court.

HIS HONOUR:   Thank you.

AT 2.24 PM THE MATTER WAS CONCLUDED