Stevens v Head

[1992] HCATrans 190

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B7 of 1992

B e t w e e n -

KATHLEEN STEVENS

Applicant

and

WALTER HEAD

Respondent

Application for regrant of

special leave to appeal and

an order extending time for

filing application for

leave to appeal

DEANE J
GAUDRON J

McHUGH J -

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 24 JUNE 1992, AT 4.02 PM

Copyright in the High Court of Australia

Stevens(2) 1 24/6/92

MR D.J. DWYER: If if please the Court, I appear for the

applicant in this matter. (instructed by

H.W. Smith & Associates)

MR J.A. McDOUGALL:  Your Honour, I appear for the

respondent. (instructed by Peter Lawlor)

DEANE J: What is your attitude to this, Mr McDougall?

MR McDOUGALL:  We do not oppose the application,

Your Honour.

DEANE J: Mr Dwyer, what are you proposing in relation to

costs?

MR DWYER: Well, Your Honour, Mr Smith, the solicitor for

the applicant, is aware of His Honour

the Chief Justice's decision in the matter of

Devenish v Jewel Foods and is aware that an order

could well be made against him for costs and he has

no objection to that in the circumstances.

DEANE J: Very well.	Now, what precise order do you seek?
MR DWYER:	Because of the way the rules are drafted,

Your Honour, what we would be seeking is another

order granting special leave to appeal from the

decision of the Full Court of the Supreme Court of

Queensland, given on 4 October 1991, and secondly,

an order extending the time for filing of this

application for re-grant of special leave, under

Order 60, rule 6. It would appear that now that

the making of an application for a special leave,

and the fact that an appeal must now be filed

within 21 days of the granting of that special

leave, that there would need to be an extension of

time for the filing of the - because under Order 69

it is necessary to make the appeal for special

leave within 21 days of the decision appealed from.

Thank you, Your Honour.

DEANE J: Mr Dwyer, we will make the orders you seek and we

will make an additional order that the additional

costs caused by the bringing of this application,

as between solicitor and client, be paid by

Mr Smith.

MR DWYER:  Yes, Your Honour. Thank you, Your Honour.

AT 4.05 PM THE MATTER WAS ADJOURNED SINE DIE

Stevens(2) 2 24/6/92