Taylor v Commonwealth Bank of Australia

[2007] HCATrans 712

[2007] HCATrans 712

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M14 of 2007

B e t w e e n -

MELVYN GREGORY TAYLOR

Applicant

and

COMMONWEALTH BANK OF AUSTRALIA

Respondent

Application for reinstatement

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 21 NOVEMBER 2007, AT 9.33 AM

Copyright in the High Court of Australia

MR M.G. TAYLOR appeared in person.

MR R.D. SHEPHERD:   If the Court pleases, I appear on behalf of the respondent.  (instructed by Commonwealth Bank Group Legal Services)

HER HONOUR:   Yes, Mr Taylor, I understand you are seeking more time?

MR TAYLOR:   Yes, your Honour.  I only received this letter two days ago, your Honour, so it has not given me much time to get things in order and I have got a solicitor on the record and they have been jammed this week, a Mr F.W. Robson and Mr Graham Steart is the solicitor and I was going to see if I can seek a bit more time.  But what I want to do, I wonder whether I can do it, can I make an application to transfer the whole proceedings from the Supreme Court into this Court?

HER HONOUR:   No, there is an appellate structure in relation to which matters heard in the Supreme Court may eventually ‑ ‑ ‑

MR TAYLOR:   I beg your pardon?  I missed that.

HER HONOUR:   There is an appellate structure pursuant to which that would not be possible.

MR TAYLOR:   All right.  Thank you.

HER HONOUR:   What I am considering is giving you until 4.00 pm on 12 December to file your draft notice of appeal and your written case in support of your application for special leave.

MR TAYLOR:   Yes.

HER HONOUR:   So if you sit down for the moment I will hear from Mr Shepherd.  I have, of course, read the written materials which have been provided to the Court and I am conscious of the application you make.  What I had in mind, given the history of this matter, is to fix the costs of today at 1500.  Inquiries of the Registry indicate that would be an appropriate figure.  Then to make the orders in relation to time and the paying of that costs such that the application for special leave is not to be deemed abandoned if those two steps are satisfied by Mr Taylor.  In all his circumstances I want to give him a maximum opportunity to do what he says he wishes to do and what he needs time to do.  It would be, Mr Shepherd, quite problematic to enlarge the aspect of the order that deals with costs in the way in which was suggested in writing.  Do you have any remarks to make in relation to that?

MR SHEPHERD:   No, I do not.  That appears to be a sensible way to proceed in all the circumstances.

HER HONOUR:   Yes, very well.  Thank you, Mr Shepherd.  Mr Taylor, if you stand for a moment.

MR TAYLOR:   Yes, your Honour.

HER HONOUR:   What I propose to do is give you that extra time and also order that you pay the respondent’s costs of today.

MR TAYLOR:   Yes.

HER HONOUR:   You will appreciate they have been reserved on previous occasions.

MR TAYLOR:   Yes, can you not reserve them today, your Honour.....

HER HONOUR:   In all the circumstances, I do not think it is appropriate to reserve them today and the order will work this way.  You will be required to take those two steps in the order or otherwise your application for special leave will be deemed to be abandoned.

MR TAYLOR:   Yes, your Honour.

HER HONOUR:   It will not be so deemed if you satisfy the two conditions. 

MR TAYLOR:   What was that last little bit, your Honour?

HER HONOUR:   It will not be deemed to be abandoned if you satisfy the two conditions.

MR TAYLOR:   Good, thank you, your Honour.

HER HONOUR:   Thank you, Mr Taylor.  You may sit.

The order is:

if on or before 4.00 pm on 12 December 2007 the applicant:

1.files a draft notice of appeal and a written case in support of the application for special leave; and

2.pays the respondent’s costs of today’s application which are fixed at $1,500,

the application for special leave is not deemed to be abandoned.

Thank you.

AT 9.37 AM THE MATTER WAS CONCLUDED