Saade v Registrar-General

[1993] HCATrans 105

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S86 of 1992

B e t w e e n -

NOELEEN SAADE

Applicant

and

REGISTRAR GENERAL

First Respondent

SAADE KHOURY

Second Respondent

RONALD JOHN POPPERT

Third Respondent

Application for special leave

to appeal

Saade 1 30/4/93

DEANE J

TOOHEY J

GAUDRON J

TRANSCRIPT OF.PROCEEDINGS

AT SYDNEY ON FRIDAY, 30 APRIL 1993, AT 3.51 PM

Copyright in the High Court of Australia

DEANE J:	You are Mrs Saade, are you?
MRS N. SAADE:	Yes, I am.
DEANE J:	How do you pronounce your name?
MRS SAADE:	I had changed my name for protective reasons

many years ago and I am known as Mrs Hilman.

DEANE J:	You would prefer we called you Mrs Hilman?
MRS HILMAN:	Yes.

DEANE J: Very well.

MR J.E. SEXTON:  May it please the Court, I appear for the

first respondent. (instructed by H.K. Roberts,

Crown Solicitor for the State of New South Wales)

DEANE J: Yes, Mrs Hilman.

MRS HILMAN: Firstly, I would like to take this opportunity

to thank the Court for allowing me this time to

speak. Please excuse me because I am really very

emotional.	I ask the Court to please excuse me if
I address Your Honours incorrectly.	I truly do not

know where to start nor do I have the expertise to

state a legal argument or any references of the

law, nor can I quote different Acts of the law, nor

do I have any submissions to pass on to you.

This case, as you know, has gone from

abduction to forgery, and so many learned people

have been brought in for their expertise, for

example, lawyers, solicitors, valuers, police

officers, people from the Family Law Court, people

who check and verify things, et cetera, just to

name a few. This case has gone on for far too

long, in fact, for 16 years, court hearing after

court hearing and appeal after appeal, and in most

cases I was able to catch the horse by the tail

before it bolted, as His Honour Justice Powell said

in his courtroom.

God knows I have tried so very hard to pursue

this messy faulty towers all these years in the

hope that I might find justice and light at the end

of the tunnel but unfortunately, and not for the

want of trying, I have come to a halt. As you

know, my past solicitors of 16 years have withdrawn

from this case and have ceased acting for me. I

have no finances to engage a solicitor, let alone a

barrister. Legal aid no longer can be granted.

However, I am grateful for the past 16 years

assistance from Legal Aid.

Saade 2 30/4/93

So what was left, as I could see, was for me

to be here and beg your assistance. I contacted

Gordon Beard & McDonald, my ex-solicitors for the

past 16 years and requested my files so I could put

some sort of a plea to you with dates, et cetera,

only to be advised I cannot have my files until I pay them $1500 for out-of-pocket expenses which I found quite astonishing as I have always indicated

and advised them in writing that I could not meet

counsels' fees and for them to wait for the

decision of the Legal Aid Review Committee. They

confirmed that they would but, unfortunately, legal

aid was not granted and once again I have come to a

halt.

My solicitors all these years were not

prepared to let me have access of my files. So I

cannot even open a file and say, "Well, I can refer you to this matter on this date". I beg of you all

to please have sympathy. I have lost a son, the

most precious of all; I have lost a home; I have

really nothing else to lose, really, but my sanity

because 16 years is a long time.

I have struggled with this case all these

years with heartbreak after heartbreak,

disappointment after disappointment and stress

after stress, because every time it brings it all

back. I am the innocent party but for some reason

or reasons I have been the one to have suffered and

lost the most. I wish I was learned to be able to

plea in a better legal way but I am not. In a way,

I am pleased this has come to an end as I am really

weary and very tired. All I can do at this time is

ask you to help me in this long and sad journey. I wish to please ask the Court to arrange for the Law

Society to look into this case as I firmly believe

that there has been great mismanagement for it to

carry on for so long instead of this case being

finalized many, many years ago.

His Honour Justice Powell said in his court it

was beyond him why Gordon Beard & McDonald had sat

on this case at one time for five years and did

nothing. Just one example: I cannot give you the

time or date he did say that because, once again, I

have no files, I have nothing.

DEANE J: Mrs Hilman, you have made the point that you

cannot advance legal argument as to why the appeal

should be allowed.	We understand that and we
accept what you say in that regard.	But beyond

that, it is not our function to examine the delays

or whether the matter should be referred to the Law

Society. If you want to refer the matter to the

Law Society, that is a matter for you. But,

really, our only function and our only authority is

Saade 3 30/4/93

to look at the judgment in the court below to see

whether there is a legal argument which indicates
that it is or it may be mistaken on a general
principle of law or in a way that the interests of

administration of justice require the intervention

of this Court. Well now, really, that is all our

function is.

MRS HILMAN:  I realize that and thank you for your comments

but I cannot put a legal argument to you.

DEANE J: That is why I interrupted you. There is no point

in upsetting yourself by going over the long

history except in so far as that does bring us to

some mistake of law in the judgment of the Court of

Appeal.

MRS HILMAN: That is true, Your Honour.

MR SEXTON:	Might I indicate that the first respondent has informed Mrs Saade that if she wishes to have the
matter stood over to avail herself of the New South
Wales Bar Association's pro bono scheme, then the
first respondent would have no opposition to that
course.

DEANE J: Well, would you like that course to be adopted?

MRS HILMAN:  To be very truthful, I really am at a loss. I

just want you to advise me, just -

DEANE J: Well, that is what we cannot do.

MRS HILMAN:  I know you cannot advise me, but for 16 years I

really am at such a loss I am bamboozled with it

all.

DEANE J:  Now, what has been suggested is that if you want

the matter to be stood over so that you can, no

doubt, with the assistance of counsel for the

respondent pointing you in the right direction, to

Legal Assistance Scheme, your opponent is prepared seek some free advice under the New South Wales	to consent to that course. Well now, it is a
matter for you whether you would like to follow
that course. It would at least mean, presumably,
that a lawyer would look at the case and advise you
in relation to it.

We are not talking about the legal assistance

scheme that you have been to, we are talking about

a scheme under which you may be able to obtain a

barrister's advice at no cost to yourself.

MRS HILMAN: That would be wonderful. Thank you very much.

DEANE J: Well, you would like us to adjourn it?

Saade	4	30/4/93
MRS HILMAN:	Yes, I would.	God loves a trier and I am a

trier.

DEANE J:  Mr Sexton, the Court will send a copy of the

transcript of today's proceedings to the Bar

Association in that what appears at the end of the

transcript will speak for itself. If it is not personally embarrassing to you, could I suggest that you might give a little informal guidance

after we adjourn.

MR SEXTON:	Yes, Your Honour.
DEANE J:	I would indicate, for the benefit of the Bar

Association, that the Court does consider that it

would be in the interests of the administration of

justice if a member of the bar could advise

Mrs Hilman, without cost, in relation to the

application for special leave to appeal.

MRS HILMAN:	Thank you very much.
DEANE J:	The Court will now adjourn sine die.

AT 4.05 PM THE MATTER WAS ADJOURNED SINE DIE

Saade 5 30/4/93