Bridges, An application by [2004] HCATrans 347 (10 September 2004)

--

Bridges, An application by [2004] HCATrans 347 (10 September 2004)

Last Updated: 16 September 2004

[2004] HCATrans 347

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S504 of 2003

In the matter of –

An application for leave to appeal by JACQUELINE ELLEN BRIDGES against the refusal of leave to issue a proceeding

GUMMOW J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 10 SEPTEMBER 2004, AT 11.15 AM

Copyright in the High Court of Australia

MS J.E. BRIDGES appeared in person.

GUMMOW J: It appears to us that given the composition of the Court today, given the history of this matter and the identity of the Justices previously involved in this matter, that your application probably has to go over to another motion day.

MS BRIDGES: Sorry.

GUMMOW J: The initial application for special leave was heard by Justice Gaudron and myself, was it not?

MS BRIDGES: Justice Gaudron and - - -

GUMMOW J: And myself.

MS BRIDGES: - - - Gummow, Justice Gummow.

GUMMOW J: Yes, that is right.

MS BRIDGES: Well, I would like to – if you could turn to page 21 of this application book - - -

GUMMOW J: Yes, what I am asking you is, should not your application today go over to the next motion day in Melbourne before a differently constituted bench?

MS BRIDGES: I am sorry, but I do not understand what you mean.

GUMMOW J: Well, I was here the first time. I am here the second time.

MS BRIDGES: Yes, and I am saying that - - -

GUMMOW J: And you are complaining about what happened to you the first time.

MS BRIDGES: Yes, and I am saying that because I am here to point out the error of law which the trial judge made and Justice Gaudron - - -

GUMMOW J: We understand that. I do not think you understand what is being said to you. Just wait a minute, Ms Bridges. It was not just Justice Gaudron, I am trying to explain to you - - -

MS BRIDGES: Well, she said on behalf - - -

GUMMOW J: I know that, but I was here as well.

MS BRIDGES: Well, she said on behalf of both of you that I had to show that there has been an error of law and I am here to show that.

GUMMOW J: I realise that. I realise that. Look we are just consuming time, Ms Bridges.

MS BRIDGES: Well, I am here to show - - -

GUMMOW J: Your application will be stood over to the next motion day in Melbourne, I am afraid.

MS BRIDGES: So that means what, sorry, your Honour?

GUMMOW J: What is that?

MS BRIDGES: What does that mean exactly, your Honour, please?

GUMMOW J: It means that your application will be stood over to the next time the Full Court sits in Melbourne which, I think, will be in December – December 10^th, but if you contact Ms Musolino, she will confirm that for you.

MS BRIDGES: So I come again in December?

GUMMOW J: Yes, that is right.

MS BRIDGES: Is there any particular reason why it was not - - -

GUMMOW J: Yes, I have been trying to explain it to you.

MS BRIDGES: Because you were - - -

GUMMOW J: Yes, exactly.

MS BRIDGES: Right, I see, okay. Thank you.

AT 11.18 AM THE MATTER WAS ADJOURNED