Herijanto v Refugee Review Tribunal & Ors S97/1998 [2001] HCATrans 460 (25 September 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S97 of 1998

B e t w e e n -

HERIJANTO (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 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

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 25 SEPTEMBER 2001, AT 9.34 AM

Copyright in the High Court of Australia

___________________

MR M.A. ROBINSON: Your Honour, in all three matters, I appear for the plaintiffs with MR R. NAIR. (instructed by Adrian Joel & Co)

MR J. BASTEN, QC: If the Court pleases, I appear for the second and third defendants in each of those matters. (instructed by the Australian Government Solicitor).

HER HONOUR: The second and third, yes.

MR BASTEN: Yes, I think it is always the second and third but not in the same order.

HER HONOUR: Yes, thank you. Do we hold a certificate in this matter?

MR BASTEN: There has been a certificate from the Tribunal in the past, your Honour.

HER HONOUR: There is no further certificate but I think the earlier certificates cover the appearance of the Tribunal in each of these matters. Can these matters conveniently be dealt with together?

MR ROBINSON: Yes, your Honour. In the Herijanto and the Muin matter, I hand up executed short minutes of order.

HER HONOUR: Thank you. Perhaps you need to explain it to me, Mr Robinson. I take it the proceedings in Herijanto are to be dismissed.

MR ROBINSON: Yes, your Honour.

HER HONOUR: But the Muin proceedings continue?

MR ROBINSON: Yes, your Honour. The bulk of the represented parties that are in Herijanto are being, effectively, taken out of that matter and placed into the Muin matter as represented parties. As your Honour will recall, the pleadings in both Herijanto and Muin are relevantly identical and the schedule of represented parties in both matters is constructed in the same fashion and pleaded out in the same fashion. So that the effect will simply be to remove the administrative burden of everyone of having to deal with two sets of proceedings instead of one. That is the intention. The agreement between the parties about the dates of commencement of proceedings is simply to preserve the current position of the represented parties in Herijanto. So, they are not losing out anything, as it were, by being removed from Herijanto and being inserted into Muin.HER HONOUR: Very well. Then in the matter of Herijanto v Refugee Review Tribunal & Ors, matter No S97 of 1998, there will be orders in accordance with the short minutes of orders handed up today and signed by the solicitors for the plaintiff and for the second and third defendants respectively and placed with the papers. In that matter I will certify for the attendance of counsel.

In Muin v Refugee Review Tribunal, matter No S36 of 1999, there will also be orders by consent in accordance with the short minutes of orders handed up this day and signed by the solicitors for the plaintiff and second and third defendants respectively and placed with the papers. In that matter, also, I will certify for the attendance of counsel.

MR ROBINSON: There is one more matter, your Honour, in Muin.

HER HONOUR: Yes, that is an application for joinder, is it?

MR ROBINSON: Yes, your Honour, Muin and Lie it relates to. I move on the affidavit of Adrian Phillip Joel, sworn on 24 September 2001, filed on 24 September.

HER HONOUR: Now, that does not simply give effect to the orders just made, does it?

MR ROBINSON: No, your Honour, it is a completely separate issue.

HER HONOUR: Yes. Mr Basten will not consent to it, I take it.

MR BASTEN: We will not consent and we have nothing further to say.

HER HONOUR: Yes, thank you.

MR ROBINSON: Your Honour, subject to one issue and that is I am instructed there is a minor error in paragraph numbered 7 of the affidavit where notice is said to have been given on 18 September. It was in fact, I am instructed, 19 September, but I do not think anything turns on it in light of what Mr Basten has just said. I move on the draft short minutes of order attached as Annexure A in the affidavit.

HER HONOUR: I am just having trouble finding what is said to be Annexure A. I see C. Yes, thank you, I have it. Now, may I take it - I am looking at order No 1 in the short minutes. Are those further persons set out in the annexure marked C?

MR ROBINSON: That is correct, your Honour, in annexure marked C.

HER HONOUR: So, if the order was made, "Leave is granted to add the names and relevant details of the persons whose names are set out in Schedule C by filing and serving amended statements of claim in each of these matters within seven days of today", that would be sufficient, would it?

MR ROBINSON: Yes, your Honour.

HER HONOUR: Well, I will order accordingly and also order that costs of and incidental to today be costs in the cause. I will certify for the attendance of both counsel.

MR ROBINSON: If the Court pleases.

HER HONOUR: That completes your involvement in today's list.

MR BASTEN: It does, your Honour. There is nothing in the Lie matter that needs to be dealt with.

HER HONOUR: Thank you very much.

AT 9.41 AM THE MATTERS WERE CONCLUDED