Westpac Banking Corporation v Director of Public Prosecutions (Cth) & Anor

[2006] HCATrans 150

[2006] HCATrans 150

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S453 of 2005

B e t w e e n -

WESTPAC BANKING CORPORATION

Plaintiff

and

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)

Defendant

Summons

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO SYDNEY

ON THURSDAY, 16 MARCH 2006, AT 2.14 PM

(Continued from 15/2/06)

Copyright in the High Court of Australia

MR B.W. WALKER, SC:   May it please the Court, I appear with MR P.J. DOWDY for the Bank.  (instructed by Henry Davis York)

MR D.W. BENNETT:   If your Honour please, I appear for the defendant.  (instructed by Director of Public Prosecutions (Commonwealth))

MS R.J. ORR:   If the Court pleases, I appear on behalf of the Attorney‑General for the Commonwealth intervening.  (instructed by Australian Government Solicitor)

HIS HONOUR:   On the last occasion the Solicitor‑General for the Commonwealth raised some question about parties.  Nobody else seemed to be bothered about it.

MR WALKER:   Neither is that other putative party.

HIS HONOUR:   There was also a question of facts that people were going to rely on.

MR WALKER:   That has been attended to by dealings between the parties and, in particular, the Commonwealth and the DPP have combined to show us that to which we do not object, namely, a bundle of material of what might be called an international flavour, and we are content for that to be before the Court.

HIS HONOUR:   Thank you, Mr Walker.  Is there any other obstacle to fixing the matter for hearing?

MR BENNETT:   No, your Honour.

MS ORR:   No, your Honour.

HIS HONOUR:   You are happy with that, Ms Orr.  I think I indicated on the last occasion that this matter would be listed for the first sitting day in the June sittings of the Court.  Is everybody content that the case will be ready for that day?

MR WALKER:   Yes, your Honour.

HIS HONOUR:   It will take a day, I assume?

MR WALKER:   Yes, your Honour.

HIS HONOUR:   I will leave it to the parties to agree between themselves on a division of time.  Very well, there is nothing further for me to do.  I will indicate that this matter will be listed for hearing on Tuesday, 13 June 2006.  It is my present contemplation that it will be before a Court consisting of five Justices. 

MR BENNETT:   Your Honour, may we take one administrative matter which does not affect the direction your Honour has just given?

HIS HONOUR:   Yes, Mr Bennett.

MR BENNETT:   In relation to the document which the DPP and the Attorney‑General have provided to my learned friends, we anticipate at about the same time that we provide the submissions in accordance with the timetable that your Honour ordered on the last occasion that we would also provide to our learned friends and to the Court a book setting out hard copies of the relevant parts of those materials that are referred to in the book simply for ease of reference.

HIS HONOUR:   Thank you.  I will adjourn.

AT 2.17 PM THE MATTER WAS CONCLUDED