Vo, Ex parte - Re Min for Imm & Ethnic Affs

[2000] HCATrans 365

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry  
  Melbourne  No M77 of 2000

In the matter of -

An application for Writs of Mandamus, Prohibition and Certiorari against THE HONOURABLE PHILLIP RUDDOCK, THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Ex parte –

TRONG HUU VO

Prosecutor/Applicant

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 18 AUGUST 2000, AT 9.33 AM

Copyright in the High Court of Australia

MR C.M. MAXWELL, QC:   May it please the Court, I appear with my learned friends, MR W.G. GILBERT and MR H.R. CARMICHAEL, for the applicant/prosecutor.  (instructed by Kuek & Associates)

MR P.J. HANKS, QC:   If your Honour pleases, I appear for the respondent.  (instructed by Blake Dawson Waldron)

HIS HONOUR:   Yes, Mr Maxwell, what is the position in the matter?

MR MAXWELL:   Your Honour, the position is that the Minister is not contesting the proceeding and there is a consent minute of order before your Honour, and we would ask your Honour to make that order by consent.  Your Honour, this is an application - - -

HIS HONOUR:   I have read the papers, Mr Maxwell.

MR MAXWELL:   Your Honour needs no submission in relation to either the jurisdiction or the power to make an order absolute on the first occasion?

HIS HONOUR:   No.  It is, what, Order 55?

MR MAXWELL:   Your Honour, yes, Order 55 rule 1(4).

HIS HONOUR:   Yes…..in the first instance.  And all that is sought is certiorari?  No prohibition is sought?

MR MAXWELL:   No, your Honour.

HIS HONOUR:   Though, it was, I think, originally, was it not?

MR MAXWELL:   It was, your Honour, and an injunction and mandamus.  Certiorari is sought ancillary to the matters specified in 75(v) and there is no issue between us about the availability of that remedy.

HIS HONOUR:   Is there anything you want to add, Mr Hanks?

MR HANKS:   No, I think not, your Honour.  I think the grounds are fairly obvious.

HIS HONOUR:   Yes.  Well, there will be orders in terms of the minutes which I will initial and will remain on the file.

MR MAXWELL:   If your Honour please.

HIS HONOUR:   Thank you, says he, pausing and looking, gentlemen.  Call the first matter in the list, would you.

AT 9.35 AM THE MATTER WAS CONCLUDED