SZDGV & Anor v MIMA & Anor

[2006] HCATrans 658

[2006] HCATrans 658

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S319 of 2006

B e t w e e n -

SZDGV

First Applicant

SZDGW

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Summons for reinstatement

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 NOVEMBER 2006, AT 2.25 PM

Copyright in the High Court of Australia

SZDGV appeared in person.

MR B.A. CRAMER:   May it please the Court, I appear for the first respondent.  (instructed by Blake Dawson Waldron)

NISHA THAKKAR, affirmed as interpreter:

HIS HONOUR:   What are the times involved in this, Mr Cramer?  When was this application?

MR CRAMER:   Your Honour, the times are not significant.  The application was deemed abandoned on 5 October by reason of the applicant’s failure to file a written case and draft notice of appeal and the summons seeking reinstatement was filed on 23 October.

HIS HONOUR:   Has the applicant now filed the documents that need to be filed?

MR CRAMER:   Not to my knowledge, your Honour.

HIS HONOUR:   What again are the documents that need to be filed?

MR CRAMER:   A written case and a draft notice ‑ ‑ ‑

HIS HONOUR:   You mean summary of argument?

MR CRAMER:   Yes, the equivalent of a summary of argument for unrepresented applicants.

HIS HONOUR:   How long do you need to prepare the written case and the draft notice of appeal if I were to reinstate this?

SZDGV (through interpreter):   He will say he is submitting within three, four weeks.

HIS HONOUR:   Mr Cramer, what is your position if I were to reinstate this on condition that within 14 days of today he file the written case and a draft notice of appeal?

MR CRAMER:   Your Honour, we would be amenable to that course provided a costs order was made in respect of today.

HIS HONOUR:   Costs in the application?

MR CRAMER:   I would seek costs of today, your Honour.  When matters of this kind are usually dealt with on the papers, it is my understanding that it is not the Court’s practice to make an award of costs in that event, so if costs were in the cause then I would ask the Court to either note on the Court file that a costs order be made in that event or, alternatively, order costs of today.

HIS HONOUR:   I am prepared to make an order reinstating the matter, but only on condition that within 14 days of today, you file and serve your written case and draft notice of appeal. 

SZDGV (through interpreter):   He is saying that if you give him a little more time it will be good because he is staying in Darwin and it is far away from here.

HIS HONOUR:   I am prepared to make an order on that condition.  You can either accept the condition or you can reject the condition.  I am not entering into a negotiation. 

SZDGV (through interpreter):   He says yes.

HIS HONOUR:   In this matter I will reinstate the application, but that order is conditional.  The order is subject to the condition that within 14 days of today the applicant files and serves his written case and draft notice of appeal.  I will order that the costs of today be costs in the application and I direct the Registry to note the existence of that order on the file so that it can be brought to the notice of the Justices dealing with the application. 

AT 2.31 PM THE MATTER WAS CONCLUDED