Staples v Baker & Anor B3/1997 [1997] HCATrans 6 (30 January 1997)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B3 of 1997

B e t w e e n -

DOUGLAS REGINALD STAPLES

Applicant

and

PETER BAKER and NOELA BAKER

Respondents

Application to remove documents from file

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 30 JANUARY 1997, AT 10. 01 AM

(Continued from 24/1/97)

Copyright in the High Court of Australia

MR P.A. KEANE, QC, Solicitor-General for the State of Queensland: If your Honour please, I appear with MS J.L. DANIELS of counsel for the applicant in the summons that is before your Honour, that is, for the Attorney-General for the State of Queensland. (instructed by Crown Solicitor for Queensland)

MR I.M. BARKER, QC: If your Honour pleases, I appear for the respondent who is the applicant in the special leave application. (instructed by Baker Johnson)

HIS HONOUR: Yes, thank you.

MR BARKER: Your Honour, this matter can be disposed of briefly, by consent. We seek to amend the notice of appeal by deleting ground 2. It actually ought to be ground 1 but if your Honour looks at - - -

HIS HONOUR: I am just having some trouble, Mr Barker, finding the notice of appeal. I am looking in the file.

MR BARKER: It is the first ground of appeal.

HIS HONOUR: It is in the sealed envelope, Mr Barker.

MR BARKER: It is actually numbered 2.

HIS HONOUR: You say the "ground of appeal". Are you talking about ground 2 in the statement in support of the application for special leave or the notice of appeal itself?

MR BARKER: There is a notice of appeal filed with the special leave application which sets out the grounds of - - -

HIS HONOUR: Yes, I know. That is the document. I am just having trouble finding it at the moment in this - - -

MR BARKER: Perhaps I could show your Honour my copy.

HIS HONOUR: Yes.

MR BARKER: Sorry, it has some markings on it but it is the paragraph which is actually numbered 2 although it is the first ground.

HIS HONOUR: Yes. What, deleting that ground?

MR BARKER: Yes. Secondly, would your Honour order the removal from the file of the statement in support of the application and the two affidavits of Mr Dunphy, the Crown Solicitor for Queensland?

HIS HONOUR: So, you want an order for the removal from the file of the statement in support and the two affidavits?

MR BARKER: Yes, and the summons. The statement is no longer necessary anyway because of the new rules.

HIS HONOUR: No, because of the new rules, yes.

MR BARKER: And no other orders.

HIS HONOUR: Yes. Mr Solicitor?

MR KEANE: It is by consent, your Honour.

HIS HONOUR: It is by consent. Thank you very much.

By consent, I order the removal from the file in this matter of the statement in support of the application for special leave to appeal, the summons filed on behalf of the Attorney-General for the State of Queensland and the two affidavits of Mr Dunphy filed herein.

No other order required?

MR KEANE: No, your Honour. The deletion of ground 2, your Honour?

MR BARKER: I am not sure whether your Honour formally ordered the deletion of ground 2.

HIS HONOUR: Yes. I also order the deletion of ground 2 of the notice of appeal. Yes, thank you. We will bring these proceedings to an end.

AT 10.06 AM THE MATTER WAS CONCLUDED