Kwon v O'Neil S161/2002 [2002] HCATrans 559 (5 November 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S161 of 2002

B e t w e e n -

KI BUN KWON

Applicant

and

PETER O'NEIL

Respondent

Application for special leave to appeal

GUMMOW J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 5 NOVEMBER 2002, AT 3.12 PM

Copyright in the High Court of Australia

MS K. KWON appeared in person.

MR P. LEVER-NAYLOR: May it please the Court, I appear for the respondent. (instructed by Robert Kaufmann Lawyers)

GUMMOW J: Yes, Ms Kwon, what do you wish to say?

MS KWON: Actually I want the lawyer fees in point, it come from overseas, my other brother. He sold three times his own home; was two storey and with seven bedrooms.

GUMMOW J: I am not understanding. Do you need a translator?

MS KWON: ......

GUMMOW J: We had better swear in the translator.

SOON GOLAFSHAN, sworn as interpreter:

GUMMOW J: Yes, Ms Kwon.

MS KWON: I like I get back the lawyer fees from Mr O'Neil, Mr Naylor client.

GUMMOW J: I do not understand, I am afraid.

MS KWON: All right.

(through interpreter): I would like to get my brother paid. I want to get the fee back which my brother paid, the legal fees from Mr Peter O'Neil, which is a solicitor.

GUMMOW J: Will you explain to her that this is an application from the Court of Appeal of New South Wales. It is a procedural matter.

THE INTERPRETER: Ms Kwon is saying, "I do understand and I passed a lawyer's test 13 years ago."

GUMMOW J: What is she saying?

THE INTERPRETER: She will just kept saying that, "I passed this test 13 years ago for the migrant who wants to do some legal course" - - -

MS KWON: Not legal course, as a solicitor.

GUMMOW J: Can you say to your client we have read the written submissions. We are obtaining no assistance from oral submissions. Does she wish to say anything more to supplement her written submissions?

THE INTERPRETER: Ms Kwon is showing me the statutory declaration which was in written form. Ms Kwon is just saying, "I am referring to this statutory declaration."

GUMMOW J: Yes, we have read all the written materials. Does she wish to add anything more? At the moment, nothing that has been said to us is of any further use to what is already in the writing.

THE INTERPRETER: Ms Kwon is saying, "Your Honour, have you seen this, my oral argument written" - - -

MS KWON: It is all true.

GUMMOW J: We have read everything in the application book, which is what we have done.

MS KWON: If you read all that document, how you even know what there? I am said.....his client was defendant from the Supreme Court, yes, and he confessed to me he got my money, pointing like that. I think.....money, he got that.

GUMMOW J: This is of no use to us, Ms Kwon.

MS KWON: I beg your pardon?

GUMMOW J: This is of no use to us.

MS KWON: How can I do?

GUMMOW J: If you want to supplement anything that is written in the application book which is in any way of any use to us, do so, but this material is of no use to us. We will not sit here and waste the Court's time.

MS KWON: Where can I apply a complaint about this case?

GUMMOW J: You have applied and we have read your application book.

MS KWON: Yes.

GUMMOW J: Now, do you wish to supplement anything else by saying anything which is cogent?

MS KWON: Okay, and I have some business.

GUMMOW J: That is not of any use to us. The question is, where was the Court of Appeal wrong in law?

THE INTERPRETER: Ms Kwon is saying, or I understand has said, "This was unfair decision so I just wanted to appeal so this is the last resort, so I came to this part."

GUMMOW J: I understand that.

THE INTERPRETER: That is what I understand from her.

MS KWON: Then in this case how can you.....charge a matter? How can?

GUMMOW J: We do not understand what you are saying, I am afraid.

MS KWON (though interpreter): I would say it is more like an advice. In this case, what else should I do? I have to recover this money.

GUMMOW J: We cannot give advice.

CALLINAN J: Ms Kwon, you are not listening. You are not listening. His Honour is trying to tell you that you have to demonstrate that the Court of Appeal made a legal error. It is not enough for you to say you do not like the result or you would have preferred a different result. You have to show that the Court of Appeal was wrong in law and you do not show that by complaining that you would like to recover money.

MS KWON: Excuse me sir, a question why do not this.....application book for the oral argument in the Court of Appeal and then it put more addition and oral argument as well. So that is why I am appealing here, please, just.....this case. I do not want to interrupting or interfere in Australia in...., I do not want to.

CALLINAN J: No, but that is not the point, Ms Kwon.

MS KWON: Some people, some Korean people said that - - -

CALLINAN J: Ms Kwon, just listen to me.

MS KWON: Just listen to me.

CALLINAN J: No.

GUMMOW J: No, we will not, Ms Kwon. We will withdraw your right to make further oral submissions very shortly.

MS KWON: I beg your pardon?

GUMMOW J: We will withdraw your right to make oral submissions very shortly. We are not to be trifled with.

MS KWON: Do you know, actually, I have something.....that is why in.....

GUMMOW J: Now, if you wish to say anything in response to Justice Callinan's question, do so.

MS KWON: Yes.

THE INTERPRETER: Ms Kwon is going on about Mr O'Neil did accept that he did receive money.

GUMMOW J: Yes.

MS KWON: Do you know this - - -

GUMMOW J: Sit down please, Ms Kwon.

MS KWON: .....here and who would.....court but he say that - - -

GUMMOW J: We will not be assisted by any further oral submissions you care to make. That has become very clear. We have considered the written submissions, including yours, Mr Lever-Naylor, and we do not need to call on you.

Our decision is as follows, and we thank you for you assistance, Madam Translator, under some difficulty.

THE INTERPRETER: Ms Kwon keeps saying she understands. She does not want me to interpret, your Honour, that she - - -

MS KWON: Yes. Now, I understand what you say.

GUMMOW J: We are about to deliver our reasons, Ms Kwon.

This is an application for special leave to appeal from a judgment of the Court of Appeal of New South Wales which that court dismissed a summons seeking leave to appeal against a registrar's decision. As the Court of Appeal held, the issue of a summons was not an appropriate method to challenge the registrar's decision. The reasons for judgment and the decision of the Court of Appeal are plainly correct.

The application to this Court is made in respect of a matter of procedure only. For these reasons, the application for special leave to this Court must be dismissed and dismissed with costs.

AT 3.26 PM THE MATTER WAS CONCLUDED