Reg v Falconer

Case

[1990] HCATrans 286

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No P2 of 1990

B e t w e e n -

THE QUEEN

Applicant

and

MARY SANDRA FALCONER

Respondent

(For Judgment)

MASON CJ

BRENNAN J

TRANSCRIPT OF PROCEEDINGS

Falconer 90 22/11/90

AT CANBERRA ON THURSDAY, 22 NOVEMBER 1990, AT 12.00 NOON

(Continued from 10/5/90)

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

MR T. CHADWICK:  May it please the Court, I appear on behalf
of the respondent. (instructed by Messrs Young &
Young). I am instructed to make an application to

the Court for costs, being the costs of the

respondent to be paid by the appellant?

MASON CJ: Is there any reaction to your application?

MR CHADWICK:  I do not know at this stage, Your Honour.
MR G. PARKIN:  May it please the Court, the Crown makes no

submissions as to costs.

MASON CJ:  The Court as at present constituted is not in a
position to deal with the application. Do you wish

to put anything in writing in support of your

application?

MR CHADWICK:  I was going to, with respect, submit that

perhaps that would be the manner of dealing with

it, by written submissions. I do have a list of

authorities today. But I would, with respect, ask

that it be dealt with by written submissions,

Your Honour.

MASON CJ: Yes. Very well, the Court will receive written

submissions in support of the application, those

written submissions to be filed and served within

7 days of today and, likewise,.the Crown will have

a further 7 days within which to file and service

any submissions in reply if the Crown is so minded

to do. We understand that the Crown at the present

time does not wish·to make any submissions but that

ord.er will enable the Crown to file and serve

written submissions if it so desires.

MR CHADWICK:  Thank you, Your Honour. May it please the
Court.

AT 12.04 PM THE MATTER WAS ADJOURNED SINE DIE

Falconer 91 22/11/90 ·

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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