Sidhu, Ex parte - Re Holmes and MIMA S153/1998 [2001] HCATrans 61 (27 February 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S153 of 1998

In the matter of -

An application for Writs of Certiorari, Mandamus and Prohibition against MARGARET HOLMES

First Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Second Respondent

Ex parte -

DARSHAN SINGH SIDHU

Applicant

GLEESON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 27 FEBRUARY 2001, AT 10.15 AM

Copyright in the High Court of Australia

MR M.J. LAWLER: May it please the Court, I appear for the applicant. (instructed by Dianne Burn & Yvonne Swift)

MR S.J. GAGELER, SC: If your Honour pleases, I appear for the second respondent. (instructed by the Australian Government Solicitor)

MR LAWLER: Your Honour, upon considering the written submissions for the respondent which were provided a day ahead of the due date by my friend it became apparent that there was an issue estoppel point that I had not considered that renders the application doomed to failure. In those circumstances, I have instructions from my client to consent to the dismissal of the application and obviously costs will follow the event.

HIS HONOUR: Thank you. You have nothing to say in opposition to that, I presume, Mr Gageler?

MR GAGELER: No, your Honour.

HIS HONOUR: Very well, then the application will be dismissed and the applicant must pay the costs of the second respondent.

AT 10.17 AM THE MATTER WAS CONCLUDED