Foster v Minister for Customs & Anor B63/1999 [1999] HCATrans 609 (3 December 1999)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B63 of 1999

B e t w e e n -

PETER CLARENCE FOSTER

Applicant

and

THE MINISTER FOR CUSTOMS AND JUSTICE SENATOR AMANDA VANSTONE

Respondent

Application for expedition/injunction

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 3 DECEMBER 1999, AT 10.03 AM

Copyright in the High Court of Australia

MR W. SOFRONOFF, QC: If the Court please, I appear with my learned friend, MR D.C. RANGIAH, for the applicant. (instructed by Patrick Murphy)

MR D.M.J. BENNETT, QC, Solicitor-General for the Commonwealth: May it please the Court, I appear with my learned friend, MR J.A. LOGAN, SC, who as of yesterday is of Senior Counsel, for the respondent. (instructed by the Australian Government Solicitor)

HER HONOUR: My congratulations to Mr Logan. Is he going to speak on this occasion?

MR BENNETT: Perhaps, your Honour, we can work something out.

HER HONOUR: Yes, thank you. I have listed this matter today because it is possible for the matter to go into the 10 December list, but I wish to be satisfied that the books are available, that the submissions have been filed and the books are available.

MR SOFRONOFF: Your Honour, the submissions have been filed on our part. As to the books, I understand that the respondent has offered to prepare the books and that under the terms of the consent agreement that we have entered into with them, they are to be filed by 8 December.

HER HONOUR: Yes, well, that is a little bit late. Has the respondent prepared its outline of argument on the special leave question?

MR BENNETT: No, your Honour, but we prepared one for this morning which has most of what will be in that so it is a fairly short job - - -

HER HONOUR: So when would Mr Sofronoff get an opportunity to reply to your argument on the special leave?

MR BENNETT: Your Honour, we can have it by - Monday is the 6th. We could have it by close of business on Monday.

HER HONOUR: Yes, and what about your reply, Mr Sofronoff, if you had the respondent's argument on the special leave by close of business on Monday?

MR SOFRONOFF: We could do our reply by close of business on Tuesday. We would prefer Wednesday but we could do it by Tuesday if that is what the Court wanted.

HER HONOUR: Yes, I think that might be better. Now, where will the books be and when?

MR BENNETT: Your Honour, as soon as we have all the documents - - -

HER HONOUR: Well, that is all very well for you to say that but if the matter is to proceed on the 10th we, of course, need to have the books and to have looked at them before that.

MR BENNETT: Your Honour, if we have the reply by close of business on Tuesday we will have the books filed by close of business on Wednesday.

HER HONOUR: Yes, and where?

MR BENNETT: In Canberra, your Honour. It may take overnight to get it to Brisbane but otherwise - - -

HER HONOUR: Yes, now you will be appearing in Sydney, Mr Sofronoff, will you?

MR SOFRONOFF: That is correct, your Honour.

HER HONOUR: Yes. We will give you a not before 2 o'clock marking if that is to your - - -

MR SOFRONOFF: That would be very helpful, thank you, your Honour.

HER HONOUR: Yes.

MR BENNETT: Yes, I would be grateful for that too, your Honour.

HER HONOUR: Yes. I wonder if it is possible for there to be two booklets, one with what is available to date filed by Monday, and a supplementary book.

MR BENNETT: Yes, we will have that done, your Honour, if that is - - -

HER HONOUR: If that would be possible, it will make things somewhat smoother from the - - -

MR BENNETT: Certainly, your Honour, we will have that done. Your Honour, might I through your Honour just raise one very minor matter. I have not given my friend notice of this question, but my learned friend's application for special leave raises a large number of grounds. The applicant's summary of argument refers to only one special leave question and the argument seems to refer only to that one. Can we take it that we do not need to concern ourselves with the other matters in the original application, and if my learned friend could indicate that - - -

MR SOFRONOFF: Your Honour, I think the answer is yes, but may I respond to my learned friend by telephone before lunchtime today?

HER HONOUR: Yes, thank you, yes, Mr Sofronoff.

MR BENNETT: Yes, certainly.

HER HONOUR: Well, Mr Solicitor, if you would arrange for so much of the books as can be done to be done as soon as possible, the application will be put in the Sydney list for 10 December and marked "not before 2.00 o'clock"; and apart from certifying for the attendance of counsel, is there anything else I should do now?

MR BENNETT: No, your Honour.

HER HONOUR: Anything you wish done, Mr Sofronoff?

MR SOFRONOFF: No, your Honour. No, thank you.

HER HONOUR: No.

MR BENNETT: The parties are both indebted to the Court for putting the matter in on such short notice, your Honour.

HER HONOUR: Yes, very well. I am sorry Mr Logan did not get a chance to speak after all. Perhaps next time. The Court will now adjourn, thank you.

AT 10.08 AM THE MATTER WAS CONCLUDED