Taurino; Ex parte - Re MIMIA

[2003] HCATrans 368

[2003] HCATrans 368

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Brisbane  No B28 of 2003

In the matter of -

An application for Writs of Certiorari and Prohibition and an Injunction against MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

SEBASTIAN JAMES TAURINO

Applicant/Prosecutor

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 15 SEPTEMBER 2003, AT 9.39 AM

(Continued from 4/8/03)

Copyright in the High Court of Australia

MR P.L.G. BRERETON, SC:   May it please your Honour, I appear for the applicant.  (instructed by Mallesons Stephen Jaques) 

MR A. MARKUS:   If your Honour pleases, I appear for the respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes.  Well, there is no news. 

MR BRERETON:   I think there were three matters on the last occasion, your Honour.  One was some general refinements of the draft case stated; the second was the question of Shaw; and the third was the question of interlocutory relief.  As to the first of those, I have to confess I did not progress them very far until this last weekend, simply because we thought we may as well do it all at once when we got Shaw.

HIS HONOUR:   Yes, quite.  I agree with that. 

MR BRERETON:   I have taken the opportunity over the weekend to do that.  I have provided a copy to my learned friend and a copy may have been sent to the Court – I am not sure – by my instructing solicitors.  But that is really on hold until we know about Shaw. 

HIS HONOUR:   Yes.

MR BRERETON:   As your Honour says, as to the second question, we do not know yet.  As to the third, on interlocutory relief, the concern was that Mr Taurino’s earliest parole date was, I think, 20 September or thereabouts. 

HIS HONOUR:   Yes, that is right. 

MR BRERETON:   However, I can tell your Honour that there is no imminent suggestion of his release, so I do not need to trouble your Honour with an interlocutory application at this stage. 

HIS HONOUR:   At the moment, yes.  Gentlemen, the best thing to do is probably to stand the application over, with liberty to either side to restore on seven days’ notice. 

MR BRERETON:   And in the event of ‑ ‑ ‑

HIS HONOUR:   In the event of Shaw coming down, you can each consider your position. 

MR BRERETON:   In the event of an early release date becoming apparent ‑ ‑ ‑

HIS HONOUR:   Likewise, you can come back. 

MR BRERETON:   And should such an application or should such notice be made through your Honour’s associate? 

HIS HONOUR:   No, to the Registry, but they know I am the man in the target.  Does that seem suitable, Mr Markus? 

MR MARKUS:   Yes, your Honour. 

HIS HONOUR:   Very well.  I will stand the application over, with liberty to either the applicant or the respondent to restore on seven days’ written notice.  I will certify for counsel and costs will be costs in the application.  Is there anything else, gentlemen? 

MR BRERETON:   No, your Honour. 

MR MARKUS:   No, your Honour. 

HIS HONOUR:   I will now adjourn. 

AT 9.41 AM THE MATTER WAS ADJOURNED