Muin v RRT & Ors S36/1999 [2000] HCATrans 795 (22 December 2000)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S36 of 1999

B e t w e e n -

MUIN (As the Representative of the Plaintiffs listed in the Schedule)

Plaintiff

and

REFUGEE REVIEW TRIBUNAL

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Third Defendant

Office of the Registry

Sydney No S89 of 1999

B e t w e e n -

NANCY LIE (As the Representative of the Plaintiffs listed in the Schedule)

Plaintiff

and

REFUGEE REVIEW TRIBUNAL

First Defendant

SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

Application for Joinder

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 22 DECEMBER 2000, AT 9.04 AM

Copyright in the High Court of Australia

___________________

MR M.A. ROBINSON: If the Court pleases, I appear for the plaintiffs. (instructed by Adrian Joel & Co)

MR A. MARKUS: If your Honour pleases, I appear for the second and third defendants. (instructed by the Australian Government Solicitor).

HER HONOUR: I have three matters listed but there are, in fact, only two; is that right?

MR ROBINSON: Two matters, your Honour, Lie and Muin.

HER HONOUR: Yes, very well, thank you.

MR ROBINSON: We have a summons for direction in each matter which we filed on 19 December and are seeking to add further persons to those two classes, your Honour.

HER HONOUR: Yes. I already have Lie, do I not?

MR ROBINSON: Yes. You should have both, your Honour.

HER HONOUR: Very well, thank you. Well, are the orders opposed?

MR MARKUS: Your Honour, my clients' position is as previously, we oppose paragraph 1 of the order - of the summons but wish to make no submissions.

HER HONOUR: What about the other orders?

MR MARKUS: Your Honour, paragraph 3 is not opposed provided that my client does receive five days' written notice, as is indicated in that order.

HER HONOUR: Yes. Well, Mr Robinson, apart from my certifying for the attendance of counsel, should I do anything other than make orders as in the summons in each matter?

MR ROBINSON: No, your Honour.

HER HONOUR: No. Well, I will certify for counsel and I will make orders in accordance with the summons in each matter.

MR ROBINSON: If the Court pleases.

MR MARKUS: If the Court pleases.

HER HONOUR: Yes, thank you. Now, if there are further applications, I did indicate on the last occasion that if the positions had not changed - - -

MR ROBINSON: I think the problem might have been from the lateness of the hour, your Honour, in terms of being so close to Christmas. We expect that both parties on the next occasion would need not trouble the Court by appearing.

HER HONOUR: Yes, it is sufficient if you simply notify the Registrar of your positions, I think.

MR MARKUS: Thank you.

HER HONOUR: Thank you. Very well, I will wish everybody a Merry Christmas and adjourn.

AT 9.07 AM THE MATTER WAS ADJOURNED