Vescio v Guardianship Tribunal NSW [2011] HCATrans 41

[2011] HCATrans 41

[2011] HCATrans 041

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S230 of 2010

B e t w e e n -

CARMELO MICHAEL VESCIO

Applicant

and

GUARDIANSHIP TRIBUNAL NSW

Respondent

Application for reinstatement

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 22 FEBRUARY 2011, AT 9.47 AM

Copyright in the High Court of Australia

MR C.M. VESCIO appeared in person.

MS S. CHRYSANTHOU:   If it please your Honour, I appear for the respondent.  (instructed by the Crown Solicitor (NSW))

HIS HONOUR:   Yes, Ms Chrysanthou.  Now, there is a summons filed on 11 November 2010, do you have that?

MR VESCIO:   Yes, your Honour.

HIS HONOUR:   That seeks reinstatement of the special leave application.  There is your written submission filed on 17 February 2011 and there is an affidavit you made on 11 November 2010.  There are some written submissions on the other side from the Tribunal filed on 17 February 2011 written by counsel, Ms Chrysanthou, who is here this morning.

MR VESCIO:   I have not received them as yet, your Honour.

HIS HONOUR:   You have not seen it yet?  I will take a short adjournment and you take a moment to read them.

AT 9.50 AM SHORT ADJOURNMENT

UPON RESUMING AT 9.53 AM:

HIS HONOUR:   Now, I have studied these materials and the Court will give you a further opportunity, Mr Vescio, to get your house in order and comply with the rules.  But we have 28-day time limits, I will indicate to you in a minute, and they have to be strictly observed.  Just sit down for a moment.

On the summons for reinstatement filed 11 November 2010, I order that:

1.The special leave application be reinstated on the following terms:

(a)Within 28 days the applicant file his draft notice of appeal and written case.

(b)The special leave application then go forward for determination by a panel of two Justices on the papers pursuant to rule 41.10 of the High Court Rules.

(c)The papers for the panel include the respondent’s written submissions filed 17 February 2011 on the reinstatement application.

That is what you have just read this morning.

(d)The costs of the reinstatement summons be costs of the special leave application.

Is that clear?

MR VESCIO:   Yes, your Honour.

HIS HONOUR:   Very well.  I will now adjourn.

AT 9.56 AM THE MATTER WAS ADJOURNED