Wilson v NSW

[2001] HCATrans 346

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S110 of 2001

B e t w e e n -

JOHN WILSON

Applicant

and

STATE OF NEW SOUTH WALES

Respondent

Application for expedition

GLEESON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 20 SEPTEMBER 2001, AT 10.19 AM

Copyright in the High Court of Australia

MR J. WILSON appeared in person.

MS V.A. HARTSTEIN:   May it please the Court, I appear for the respondent to the application.  (instructed by Crown Solicitor for New South Wales)

HIS HONOUR:   Mr Wilson, you are applying for - - -?

MR WILSON:   Expedition.

HIS HONOUR:   Expedition of your application for special leave to appeal.  What is your attitude to this, Ms Hartstein?

MR HARTSTEIN:   I do not wish to be heard against it.

HIS HONOUR:   All right.  You do not wish to oppose it.

MR WILSON:   I did not hear.

HIS HONOUR:   You are pushing at an open door.

MR WILSON:   Pushing an open door.

HIS HONOUR:   Your application is not opposed.

MR WILSON:   Okay.

HIS HONOUR:   I have read the papers in support of your application ‑ ‑ ‑

MR WILSON:   In fact, what I suggest is that there is a High Court ruling, but only a ruling ‑ ‑ ‑

HIS HONOUR:   Your application is not opposed.

MR WILSON:   Yes, but I want you to institute rule 5 Order 36, which says that you can direct a trial with a jury at any time.

HIS HONOUR:   No.  This is an application for expedition of the hearing of an application for special leave to appeal.

MR WILSON:   That is right.

HIS HONOUR:   Your application for expedition is not opposed.  I have read the papers and made myself familiar with the history of the matter and,

in the circumstances, I am prepared to accede to your application for expedition.  Accordingly, I will make the order you seek.

The order I make is that the application for special leave to appeal in this matter is to be expedited.  I will direct that it be listed for hearing on Friday, 23 November.  Costs of the application for expedition are to be costs in the application for special leave to appeal.

MR WILSON:   Could you say that again?

HIS HONOUR:   Costs of the application for expedition are to be costs in the application for special leave to appeal.  I certify for the attendance of counsel in chambers.  Thank you.

MR WILSON:   Could I also ask the Court to administer justice in so far as the original misdemeanor by ‑ ‑ ‑

HIS HONOUR:   That is a matter that can be dealt with by the Court when it is properly constituted.  I am sitting here as a single Justice of the Court in chambers dealing with an application for expedition and I have just dealt with it in your favour.

MR WILSON:   Yes, but not to the full extent; only partly.

HIS HONOUR:   I have dealt with the application for expedition, which is now concluded.

AT 10.23 AM THE MATTER WAS CONCLUDED