Miller & Ors v Chapman &Ors M100/2001 [2001] HCATrans 637 (10 December 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M100 of 2001

B e t w e e n -

LANCE STEWART MILLER,

ROBYN DIANE CONINGHAM and

IAN SIDNEY HENKE

Applicants

and

STEPHEN CHAPMAN

First Respondent

MICHAEL JOSEPH CARMODY

Second Respondent

BRUCE CARTER

Third Respondent

Application to strike out or for expedition

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 10 DECEMBER 2001, AT 11.32 AM

Copyright in the High Court of Australia

MS J.J. BATROUNEY, SC: If the Court pleases, I appear with MS G.L. EBBECK, for the applicant Commissioner and second Commissioner. (instructed by Australian Government Solicitor)

MR P.A. WALKER: If it please the Court, I appear for the third respondent who is also an applicant in these proceedings, Bruce Carter. (instructed by Rigby Cooke)

MR D.C. FITZGIBBON: I appear for the defendants on the application, your Honour. (instructed by Noel Waters Pty Ltd)

HIS HONOUR: Now, there is an application for leave to appeal, leave being necessary under section 34 of the Judiciary Act, as I see it. There is also, with that application, an application dispensing with compliance under Order 69A rule 3(1). That is to deal with the delay, is it not?

MR FITZGIBBON: Yes.

HIS HONOUR: Then there are summonses by the respondents seeking various relief in relation to those applications I have just mentioned. One of the prayers sought is an order that the application for leave be expedited. Would you oppose that, Mr Fitzgibbon?

MR FITZGIBBON: No, I would not, your Honour, thank you. I have no difficulty with that subject, of course, your Honour, to the matters that I have tried to set out at some length in a joint submission chronology.

HIS HONOUR: Yes. Well, they would all be dealt with at that time. Now, what I am minded to do is to make that order for expedition to the first available date in the New Year in Melbourne for applications which is Friday, 15 February 2002, and I would stand over to that date also the balance of the respondents' motions.

MR FITZGIBBON: Yes, thank you.

HIS HONOUR: So, in other words, all those matters can be wrapped up at that time in that list in Melbourne on 15 February. I need to certify for counsel here today because we are in chambers, and I should do that. Is there anything else that needs to be done?

MR FITZGIBBON: No, thank you.

HIS HONOUR: I do not think so. All right, we will now adjourn.

AT 11.35 AM THE MATTER WAS CONCLUDED