State of New South Wales v The Commonwealth of Australia

[1992] HCATrans 294

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S91 of 1992

B e t w e e n -

THE STATE OF NEW SOUTH WALES

Plaintiff

and

THE COMMONWEALTH OF AUSTRALIA

Defendant

Application for remitter

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 8 OCTOBER 1992, AT 10.17 AM

Copyright in the High Court of Australia

NSW(4) 1 8/10/92

MR L. KATZ:  If Your Honour pleases, in that matter I appear

for the plaintiff. (instructed by the Crown

Solicitor for New South Wales)

MR G. GRIFFITH, OC, Solicitor-General for the Commonwealth:

If Your Honour pleases, I appear with

MS L. GLASSON, for the defendant. (instructed by

the Australian Government Solicitor)

HIS HONOUR: What is the position in relation to this?

MR KATZ: There are before the Court two summonses for

directions. The parties are having discussions

with a view to settling the matter. Could those

summonses both be stood over generally?

HIS HONOUR: Stood over generally? I do not like standing

matters over generally, Mr Katz. They have a way of

being stood over generally and not being restored.

MR GRIFFITH:	Your Honour, we expect to settle.
HIS HONOUR:	What, the whole action?

MR GRIFFITH: Yes, so that we will be back, or they will

just be discontinued, if we do, Your Honour. It

will not be hovering around.

HIS HONOUR:  How long are you likely to take before you

finalize this settlement?

MR GRIFFITH:	Your Honour, we hope fairly quickly.
HIS HONOUR:	What about if I stand it over towards the end

of the year?

MR GRIFFITH:  The end of the year; we are thinking of hours,

rather than weeks, Your Honour.

HIS HONOUR:  The whole action?

MR GRIFFITH: Yes.

HIS HONOUR:  I will stand it over for seven days and if you

settle it within the next couple of days - - -

MR GRIFFITH: If Your Honour pleases.

HIS HONOUR:  I will stand this matter over for seven days

from today's date.

MR KATZ: If Your Honour pleases.

AT 10.19 AM THE MATTER WAS ADJOURNED SINE DIE

2   8/10/92