Gingis & Anor v National Australia Bank Limited M69/2000 [2001] HCATrans 346 (10 August 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M69 of 2000

B e t w e e n -

ARKADY GINGIS and MASYA GINGIS

Applicants

and

NATIONAL AUSTRALIA BANK LIMITED

Respondent

Application for special leave to appeal

GAUDRON J

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 10 AUGUST 2001, AT 11.09 AM

Copyright in the High Court of Australia

MR P.H. CLARK, SC: If the Court pleases, I appear with my learned friend, MR A.T. SCHLICHT, for the respondent. (instructed by Russell Kennedy)

GAUDRON J: Mr Clark, there is no appearance for the applicants. Did you receive an affidavit this morning?

MR CLARK: We received the affidavit last night, if the Court pleases.

KIRBY J: This man's wife is very grievously ill. He establishes the grievous nature of her illness by his affidavit. He says he is required to attend to her daily. It would seem that that is a very likely consequence. It would be a very hard thing to refuse an adjournment in these circumstances. I would find it very difficult myself to bring myself to proceed in his absence.

MR CLARK: I should say that, having reviewed the affidavit overnight, we do not oppose the application for the adjournment. We recognise the matters that have befallen, Justice Kirby, and we accept that some sympathy should be extended to the applicant and to his wife. So, having said that, we do not make any point that the applicants are not here today. The only concern we have is that, as your Honours may note from the file, this matter has been listed on two previous occasions and similar matters concerning - - -

KIRBY J: That was his father-in-law at one stage.

MR CLARK: Father-in-law, and then the second occasion was in fact the second-named applicant's illness, and this is the third occasion this matter has been listed.

KIRBY J: It is inconvenient to the Bank but tragic for Mr Gingis.

MR CLARK: It is, your Honour. What we are concerned about now is the length of time that he now seeks this matter to be adjourned. Your Honours might note that his application is for six months.

KIRBY J: He says three or six months in his affidavit.

GAUDRON J: Mr Clark, what the Court had in mind, unless you wished to say anything to the contrary, is that the matter will be listed and expected to proceed on the last special leave day in Melbourne this year.

MR CLARK: Given those remarks, we have nothing further to say.

GAUDRON J: We will indicate now to the Deputy Registrar that that should be communicated to the applicants, that it will proceed on the last special leave day in Melbourne this year, and the matter will be adjourned. I do not think we need deal with costs, need we?

MR CLARK: I would ask for the costs to be reserved of today's application. We were not aware of the affidavit until last night.

GAUDRON J: Yes, costs will be reserved.

AT 11.13 AM THE MATTER WAS ADJOURNED