Sun Alliance Australia Limited v FInance Sector Union of Australia

[1991] HCATrans 336

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M56 of 1991

B e t w e e n -

SUN ALLIANCE AUSTRALIA LIMITED

Applicant

and

FINANCE SECTOR UNION OF

AUSTRALIA

Respondent

Application for removal
pursuant to section 40 of

the Judiciary Act 1903

MASON CJ
BRENNAN J

DAWSON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 15 NOVEMBER 1991, AT 9.35 AM

Copyright in the High Court of Australia

Sun 1 15/11/91

MR R. MERKEL, QC: If the Court pleases, I appear with my

learned friend, MR R.J. SPICER, for the applicant.

(instructed by Rigby Cooke)

MR A.M. NORTH, QC:  If the Court pleases, I appear with my

learned friend, MR S.R. MARSHALL, for the

respondent. (instructed by Maurice Blackburn & Co)

MR MERKEL:  If the Court pleases, the applicant seeking

removal under section 40 to this Court - - -

MASON CJ: Is the.application opposed?

MR MERKEL:  No, it is not, Your Honour.

MASON CJ: Then is the point that you seek to have agitated

in this Court the same point as has arisen under an

order nisi granted by Justice Dawson?

MR MERKEL:	Yes, it is, Your Honour.
MASON CJ:	Mr Merkel, in those circumstances, the Court is

disposed to make an order for removal. But it

would seem desirable that the parties should

explore the possibility of stating a case so that I

can refer a specific question or questions for the

consideration of a Full Court and the parties might do what they can to prepare a draft case by consent

and submit it to me. I do not think there would be
any occasion to have the matter listed unless there is some disagreement about the form of the case or, on consideration, I take the view that some matter

in the case should be the subject of debate.

It would seem, I think, relatively simple to

formulate a particular question; the question of

validity being, as we see it, the sole question

although it is possible, I suppose, that there

might be an associated question of construction.

MR MERKEL:  Yes. We do not apprehend any difficulty at all

in that course, Your Honour.

MASON CJ: And you might also show the draft of the case

that you have in mind to any interveners, in

particular, the Commonwealth, which I imagine will

seek to intervene.

MR MERKEL:  Yes, Your Honour. Yes, I believe they will

intervene, Your Honour, and we will do that in

conjunction.

Sun 2 15/11/91

MASON CJ: Very well, there will be an order as asked by

consent.

MR MERKEL: If the Court pleases.

AT 9.38 AM THE MATTER WAS ADJOURNED SINE DIE

Sun 15/11/91