Re Printing and Kindred Industries Union; Ex parte Vista Paper Products Pty Ltd

[1992] HCATrans 154

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney	No S62 of 1992
In the matter of -

An application for writs of
prohibition and certiorari

against the Full Bench of the Australian Industrial Relations Commission

comprising JUSTICE PETERSON,

DEPUTY PRESIDENT MOORE,

COMMISSIONER MERRIMAN and

DEPUTY PRESIDENT RIORDAN and

PRINTING AND KINDRED

INDUSTRIES UNION

Respondents

Ex parte -

VISTA PAPER PRODUCTS PTY

LIMITED

Prosecutor

GAUDRON J

Vista(2) 28 20/5/92

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 20 MAY 1992, AT 9.47 AM

(Continued from 15/5/92)

Copyright in the High Court of Australia

MR R.G. KAYE:  May it please Your Honour, I appear for the

prosecutor. (instructed by Brian Robinson & Co)

HER HONOUR:  Thank you, Mr Kaye. There has been a further

order nisi filed in the registry, I understand,

which I have before me and which I have looked at.

MR KAYE:	Yes, there has, Your Honour.
HER HONOUR:	What I shall do, unless you wish to persuade me

otherwise, is I will refer the order nisi to a Full
Court for the sittings of the Court in Brisbane

commencing 22 June. That does not, of course, mean

that the matter will be heard on that occasion. It

is just that is the first sittings to which it

might conveniently be referred in any event.

I note the formulation of the grounds as

stated in the draft order nisi and I will initial

that document and place it with the papers. I have

already certified with respect to counsel but I

have not made any orders as to service, have I?

MR KAYE:	No, Your Honour.
HER HONOUR:	I note paragraph 6, is it
MR KAYE:	Yes, just after paragraph 6, Your Honour, there is

a -

HER HONOUR:  What I will do is I will simply direct that

service be effected in the manner stated in the

document which has been initialed by me and placed

with the papers. There is, of course, the question

of the 78B notice.

MR KAYE:	Yes, Your Honour, we will attend to that.
HER HONOUR:	I might at this stage direct that notice be

given in accordance with section 78B within 10 days

of today's date.

MR KAYE: Yes, Your Honour.

HER HONOUR: Is there anything else?

MR KAYE:  No, that is all, Your Honour.

HER HONOUR:  Very well. There will be orders as indicated.

AT 9.50 AM THE MATTER WAS ADJOURNED SINE DIE

Vista(2) 29 20/5/92