Te, Ex parte- Re Min for Immig and Multicultural Affairs

[1999] HCATrans 115

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M34 of 1999

In the matter of -

An Application for Declarations and Writs of Certiorari and Habeas Corpus against MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

EDWARD VICTOR KILLENSTEYN

Second Respondent

GOVERNOR OF PORT PHILLIP PRISON

Third Respondent

Ex parte -

MENG KOK TE

Prosecutor/Applicant

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 10 MAY 1999, AT 9.30 AM

(Continued from 9/4/99)

Copyright in the High Court of Australia

MR P.G. NASH, QC:   If your Honour pleases, I appear with my learned friend, MR D.A. PERKINS, for the applicant.  (instructed by Kuek & Associates)

MR C. GUNST, QC:   If your Honour pleases, I appear with my learned friend, MR W.S. MOSLEY, for the first respondent.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   Yes, thank you.  Mr Nash.

MR NASH:   If your Honour pleases, it is our request, at this stage, that the Court give its leave to withdraw the application.  That may, of course, result in the Court making an order dismissing but it would not be an order on the merits.  The grounds for doing it, your Honour, are that basically I have done some homework.

HIS HONOUR:   Yes, Mr Nash.  What do you say, Mr Gunst.

MR GUNST:   I do not resist the substance of the application, your Honour.  The application should be dismissed and we would seek a consequential order for costs.

HIS HONOUR:   Yes.  Can you resist the order for costs, Mr Nash?

MR NASH:   No, your Honour.

HIS HONOUR:   The application will be dismissed with costs.  I will certify for the attendance of counsel.  Is there any other order that is required.

MR NASH:   No, thank you, your Honour.

MR GUNST:   No, your Honour.

HIS HONOUR:   I will adjourn.

AT 9.32 AM THE MATTER WAS CONCLUDED