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State of New South Wales v The Commonwealth of Australia

State of New South Wales v The Commonwealth of Australia

Case [1992] HCATrans 294

Stay of Proceedings

Civil Procedure

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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

NSW(4)

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

Details

AGLC: State of New South Wales v The Commonwealth of Australia [1992] HCATrans 294
Case: [1992] HCATrans 294
Decision Date

CaseChat Overview and Summary

This matter came before the High Court of Australia concerning an application for remitter. The parties involved were the State of New South Wales, represented by Mr L. Katz, and the Commonwealth of Australia, represented by Mr G. Griffith, OC, Solicitor-General for the Commonwealth, and Ms L. Glasson.

The central issue before the Court was the disposition of two summonses for directions. The parties indicated that they were engaged in discussions with a view to settling the entire action. Consequently, the Court was asked to consider whether these summonses should be stood over generally.

His Honour expressed a reluctance to stand matters over generally, noting the risk of them not being restored to the list. However, in light of the parties' expectation of a swift settlement, with Mr Griffith indicating that finalisation was anticipated within hours rather than weeks, His Honour agreed to stand the matter over for seven days. This would allow the parties to conclude their settlement discussions.

The matter was ultimately adjourned sine die at 10.19 AM.

Orders