Theophanous v The Commonwealth

[2005] HCATrans 616

[2005] HCATrans 616

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M22 of 2005

B e t w e e n -

ANDREW CHARLES THEOPHANOUS

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

For mention

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 26 AUGUST 2005, AT 9.36 AM

(Continued from 9/6/05)

Copyright in the High Court of Australia

MR G. ZINDILIS:   If it please your Honour, I appear on behalf of the plaintiff, Mr Theophanous.  (instructed by Zindilis Barristers & Solicitors)

MS N. NICOLAU:   I appear on behalf of the defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   The matter was last before me on 9 June 2005 when there was discussion about the form that a stated case might take.  There was discussion on that occasion about the need to identify those facts which the parties would assert were the relevant constitutional facts.  The parties have now submitted an agreed form of case stated.  I am prepared to state a case in the form submitted by the parties.  If the parties together would be good enough to prepare an engrossed copy of the case stated for me to execute, I will do that and the matter will then proceed in the ordinary way to a hearing.  I am not yet in a position to say to the parties when a hearing might be expected.  If the costs of today were made costs in the cause, is that the appropriate course to adopt?

MS NICOLAU:   I think so.

HIS HONOUR:   Then I will adjourn.

AT 9.38 AM THE MATTER WAS CONCLUDED