East and ORS Ex parte: Quoc Phu Nguyen M53/1997 [1998] HCATrans 451 (3 December 1998)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M53 of 1997

In the matter of -

An application for declarations and writs of Certiorari and Habeas Corpus against ROSEMARY EAST

First Respondent

MAGISTRATES' COURT OF VICTORIA AT SUNSHINE

Second Respondent

COUNTY COURT OF VICTORIA AT MELBOURNE

Third Respondent

GOVERNOR OF FULHAM PRISON

Fourth Respondent

Ex parte -

QUOC PHU NGUYEN

Prosecutor/Applicant

Publication of Reasons

GLEESON CJ

GAUDRON J

McHUGH J

GUMMOW J

KIRBY J

HAYNE J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 DECEMBER 1998, AT 10.19 AM

Copyright in the High Court of Australia

______________________

GLEESON CJ: This case was heard in Canberra on 10 December 1997 by a Court constituted by Justices Gaudron, McHugh, Gummow, Kirby and Hayne, and on 5 August 1998 by a Court constituted by Justices Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan and myself. On 5 August 1998 the Court pronounced its order dismissing the application with costs but reserved the publication of its reasons for a later date. We are now in a position to publish those reasons.

I publish the joint reasons of Justices Gaudron, McHugh, Gummow, Hayne, Callinan and myself for participating in the order made.

KIRBY J: I now publish my reasons for participating in the order.

AT 10.20 AM THE MATTER WAS CONCLUDED