A v State of New South Wales & Ors [2006] HCATrans 282 (9 June 2006)

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A v State of New South Wales & Ors [2006] HCATrans 282 (9 June 2006)

Last Updated: 13 June 2006

[2006] HCATrans 282

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S59 of 2006

B e t w e e n -

A

Appellant

and

STATE OF NEW SOUTH WALES

First Respondent

JOHN FLOROS

Second Respondent

SHARYN HANNIGAN

Third Respondent

Summons

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 9 JUNE 2006, AT 9.01 AM

Copyright in the High Court of Australia

MR D.F. JACKSON, QC: If your Honour pleases, I appear with my learned friend, MR J.C. SHELLER, for the applicant. (instructed by Greg Walsh & Co)

MR M.G. SEXTON, SC, Solicitor-General for the State of New South Wales: If your Honour pleases, I appear for the respondents. (instructed by Crown Solicitor for New South Wales)

HIS HONOUR: Yes, Mr Jackson. I have read the affidavit of Gregory Alexander Walsh sworn 6 June 2006 and I have read the applicant’s submissions and, subject to hearing the Solicitor, I would be content to vacate the date and order it to be heard on another date. What is your position in this, Solicitor?

MR SEXTON: We do not have any objection to that, your Honour, except that we do not want to get a new date that knocks out our side, if I can put it that way. It may be that, although it is unusual in this Court, for the - - -

HIS HONOUR: I was surprised when I read the material that – is it not the case that the Court endeavours to find dates that suit counsel?

MR SEXTON: No, your Honour, it is not, as a rule.

HIS HONOUR: We were so co-operative in the Court of Appeal.

MR SEXTON: That is right, your Honour. It is a very different environment, but we wondered if perhaps on this occasion the Registry could liaise with the parties in terms of setting a new date.

HIS HONOUR: Well, if this were within my gift, of course I would do it, but the Court apparently has a practice and I cannot really alter that unilaterally, though, speaking for myself, I think that if possible dates should be sought that are convenient to counsel, but perhaps you can talk quietly to the Deputy Registrar here and we will see what can be done. I think in view of the number of cases that are pending, it may not be so difficult. So I cannot give you an order or direction, but I think if you speak to the Deputy Registrar, you will probably find a date can be found that is convenient to both sides.

MR SEXTON: Thank you, your Honour.

HIS HONOUR: The orders that I make are that the hearing of these proceedings on 2 August 2006 be vacated; that the proceedings be relisted for hearing by the Deputy Registrar; and that the costs of the application today be costs in the appeal. Those are the orders of the Court.

AT 9.04 AM THE MATTER WAS CONCLUDED