Attorney-General for the State of New South Wales v John Fairfax Publications Pty Limited S129/2001 [2002] HCATrans 114 (15 March 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S124 of 2001

B e t w e e n -

JOHN FAIRFAX PUBLICATIONS PTY LIMITED

Appellant

and

ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES

Respondent

Office of the Registry

Sydney No S129 of 2001

B e t w e e n -

ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES

Appellant

and

JOHN FAIRFAX PUBLICATIONS PTY LIMITED

Respondent

For mention

GLEESON CJ

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 15 MARCH 2002, AT 9.30 AM

Copyright in the High Court of Australia

__________________

MR R.P.L. LANCASTER: May it please the Court, I appear for Fairfax in each matter. (instructed by Freehills)

MR M.J. LEEMING: May it please the Court, I appear for the Attorney in both matters. (instructed by I.V. Knight, Crown Solicitor for the State of New South Wales)

GLEESON CJ: Now, there are some forms of order that you wanted us to confirm were appropriate, is that right?

MR LANCASTER: Yes, your Honour.

GLEESON CJ: Do you have those there?

MR LANCASTER: Yes, your Honour. The essential dispute, your Honour, is whether or not - - -

GLEESON CJ: There is no dispute, is there, now?

MR LANCASTER: I understand there is not consent to Fairfax's appeal to the Court being allowed. That is the issue for resolution today, as I understand it.

GUMMOW J: Well, it will be pretty quickly resolved.

MR LANCASTER: Yes, your Honour.

GLEESON CJ: What do you want to say?

MR LANCASTER: Only this, your Honour: by allowing each appeal and remitting the entire matter to the Court of Appeal, your Honours would avoid any opportunity for debate in the Court of Appeal about this Court dealing with the substance of the appeal on 11 December. In my submission, each appeal should be allowed and the entire matter should be remitted to the Court of Appeal.

GLEESON CJ: Now, do you have a form of order that gives effect to that submission?

MR LANCASTER: I have one copy of that, yes.

GLEESON CJ: In both cases?

MR LANCASTER: Only in the Fairfax appeal, your Honour.

MR LEEMING: I do have a form of order in the other appeal as to which there is no dispute.

GLEESON CJ: All right. Hand them both up. Now, what do you say, Mr Leeming?

MR LEEMING: Only that my friend is right, there is not consent to the Fairfax appeal being allowed. We do not see the utility in it. The orders of the Court of Appeal are, in any event, set aside and the judgment this Court gave in December is express on the point. That is all I wish to say.

GLEESON CJ: In these two matters, Justice Gummow and I will confirm that the orders that have been handed up and that are initialled by me, dated today, and placed with the papers give effect to the intention of the Court when it dealt with the matter on 11 December 2001, and the Court will make orders in terms of the documents initialled by me and placed with the papers.

MR LANCASTER: May it please the Court.

AT 9.33 AM THE MATTERS WERE CONCLUDED