Winn v Blueprint Instant Printing Pty Ltd & Anor

[2011] HCATrans 318

[2011] HCATrans 318

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M69 of 2011

B e t w e e n -

JULENE WINN

Applicant

and

BLUEPRINT INSTANT PRINTING PTY LTD ACN 005 267 096

First Respondent

GARLAND HAWTHORN BRAHE

Second Respondent

Summons for extension of time

HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO BRISBANE

ON THURSDAY, 10 NOVEMBER 2011, AT 10.46 AM

Copyright in the High Court of Australia

MS J. WINN, appeared in person.

MR T.J. SCOTTER:   I appear for the first respondent, your Honour.  (instructed by Herbert Geer)

MR E.W. MOON:   May it please the Court, I appear on behalf of the second respondent.  (instructed by Garland Hawthorn Brahe)

HIS HONOUR:   Now, Ms Winn, again you apply on the summons of 31 August in which you seek leave to file an amended application for special leave and an extension of time in which to file the written case and draft notice of appeal.  Hovering in the background is the question of whether there should be any extension of time for the application for special leave to appeal itself.  On one view, at least, the application for special leave is made out of time. 

Can I say to you this, I will not, today, look at whether you should have an extension of time for your application for special leave.  That is a matter which, if the proceedings were to go over before a panel for consideration on the papers or to a panel for consideration after oral hearing, it would be a matter for that panel to consider, not me.

I take it that the same date of 2 December is the date that you would seek.  Is that right?

MS WINN:   Yes, your Honour.

HIS HONOUR:   I should hear from the other parties again if they say that they have a right to be heard on this.  Is there any reason not to extend the time for filing an amended application and the written case and draft notice to 2 December.

MR SCOTTER:   I would not have anything further to say, apart from what I had to say last time, your Honour.

HIS HONOUR:   Mr Moon.

MR MOON:   No, your Honour.

HIS HONOUR:   It is, I think, if I may say to all parties, better that the application be put into the order that the applicant seeks to put it in before it is considered and then dealt with.  Ms Winn, you may have until 4 pm Australian Eastern Summer Time, that is Melbourne time, on 2 December within which to file an amended application for special leave in matter M69/2011 and a written case and draft notice of appeal.  To the extent to which you seek any variation to the rules about length, I am not minded to grant any such variation.  The amended application, the written case and the draft notice of appeal should comply with the Rules.  Again, I would be minded to make the costs of the application of today costs in the application for special leave.  Is there anything further you would wish to say, Ms Winn?

MS WINN:   Only, your Honour, with the amended document, is it feasible to also present a clear copy – the amended one – marking the amendments but to present a clear copy which is more readable?

HIS HONOUR:   You should file both, Ms Winn.  You should file a marked up copy marking the amendments and you should file a document described as “Amended Application” which consists only of the application in the form in which you seek to have it stand.

MS WINN:   Thank you, your Honour.

HIS HONOUR:   Yes, Mr Moon.

MR MOON:   Your Honour, can I just raise an issue about that.  Ms Winn has already filed an amended – a document headed “Amended Application for Special Leave to Appeal” I think in or about 13 August.

HIS HONOUR:   Yes.

MR MOON:   I take it that document is no longer to stand and Ms Winn has further leave to ‑ ‑ ‑

HIS HONOUR:   My intention is that she should have one last opportunity to put her documents in the form in which she wishes to have them stand for consideration by the Court.

MR MOON:   If the Court pleases.

HIS HONOUR:   Very well.  There will be orders in the terms I have indicated.  I will adjourn.

AT 10.51 AM THE MATTER WAS ADJOURNED