Agapis v A Deputy President of the Administrative Appeals Tribunal at Perth & Ors; Agapis v A Justice of the Federal Court of Australia at Perth & Ors [2015] HCATrans 185 (11 August 2015)

Last Updated: 24 September 2015

[2015] HCATrans 185

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Perth No P53 of 2014

B e t w e e n -

RAOUL AGAPIS

Plaintiff

and

A DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL AT PERTH

First Defendant

A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL AT PERTH

Second Defendant

DEPUTY REGISTRAR BARRY JOHNSON OF THE ADMINISTRATIVE APPEALS TRIBUNAL AT PERTH

Third Defendant

PLUMBERS LICENSING BOARD OF WESTERN AUSTRALIA

Fourth Defendant

Office of the Registry
Perth No P21 of 2015

B e t w e e n -

RAOUL AGAPIS

Plaintiff

and

A JUSTICE OF THE FEDERAL COURT OF AUSTRALIA AT PERTH

First Defendant

A DISTRICT REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA AT PERTH

Second Defendant

PLUMBERS LICENSING BOARD OF WESTERN AUSTRALIA

Third Defendant

Directions/Mention

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON TUESDAY, 11 AUGUST 2015 AT 4.32 PM

Copyright in the High Court of Australia

MR R. AGAPIS appeared in person.

MR A.J. SEFTON: May it please the Court, I appear for the fourth defendant in matter P53 of 2014 and the third defendant in matter P21 of 2015. (instructed by State Solicitor (WA))

HIS HONOUR: Mr Agapis, these two applications are considerably out of time, as I think you now appreciate. The first thing that you need to do, if they are to go anywhere at all, is to obtain an extension of time in which to make them. Are you prepared to do that tonight?

MR AGAPIS: No, I am not, your Honour. I wish to make written submissions for all matters involved in this appearance tonight.

HIS HONOUR: Well, before we go to all matters involved in the appearance, by which I take you to mean the applications for orders to show cause - - -

MR AGAPIS: Correct, sir.

HIS HONOUR: The first step is an extension of time. Unless and until you get beyond that, I cannot see much point in going into substantive issues, except to the extent that they bear upon the discretion to grant you an extension - - -

MR AGAPIS: Yes.

HIS HONOUR: By that I mean, lest there be any doubt about it, that one of the considerations in deciding whether or not to grant an extension of time in a matter like this is whether it sufficiently appears that there would be any utility in granting it and obviously there would not be if it is manifest or at least sufficiently clear that there is really no prospect of the substantive application proceeding. How long do you need to prepare your submissions on the applications for an extension of time?

MR AGAPIS: For the extension of time submission, I would need 28 days.

HIS HONOUR: That is a long time.

MR AGAPIS: I do have extenuating circumstances, your Honour.

HIS HONOUR: In the nature of those disclosed in your affidavits, most recently filed?

MR AGAPIS: There is one more major additive to those situations.

HIS HONOUR: What is that?

MR AGAPIS: From the beginning of the year, I have started an online law course, Bachelor of Law, so that takes up a lot of my time. I have a lot of study to do and I also have a lot of exam preparation, et cetera, a lot of reading to do.

HIS HONOUR: Yes, I see. Thanks. Have a seat please. Mr Sefton, what is your client’s attitude in relation to these applications and, in particular, the need for extension of time?

MR SEFTON: Our position is that an extension of time is required in relation to them. We oppose an extension being granted - - -

HIS HONOUR: Yes.

MR SEFTON: If that question is to be dealt with in advance, rather than together with any substantive application, we would seek an opportunity to file brief written submissions, perhaps within seven days or - - -

HIS HONOUR: Are you in a position to make any submissions as to whether it is appropriate to deal with the application for extension of time in advance or whether they should be dealt together with the substantive application for orders to show cause?

MR SEFTON: This is a matter in respect of which, in our submission, it would be appropriate to first deal with the question of leave.

HIS HONOUR: You heard Mr Agapis say that he is pressed one way and another and needs 28 days. You are suggesting, what, seven, are you?

MR SEFTON: In terms of any response, we - - -

HIS HONOUR: In terms of any response - - -

MR SEFTON: We are content with whatever the Court considers to be appropriate for the plaintiff in terms of his time period.

HIS HONOUR: Thank you. Thank you very much, Mr Sefton. Mr Agapis, at the end of this week I have to go back to Melbourne which means that the application, if we are to have a further hearing in it, will have to be done by video link at some time after the submissions have been put in. I appreciate that the parties wanted it done, as it were, face to face, but that will no longer be possible.

What I will do is give an indication now that I propose to deal first with Mr Agapis’ applications for extensions of time in each of the proceedings. I will grant a period of 28 days from today, which will take us up to 8 September, for you to file and serve any further written submissions in support of your applications for extension of time in each proceeding.

I will grant to any of the defendants who seek to put in any submissions in reply to those submissions to file and serve them by, I shall say, 17 September and I will adjourn the further hearing of the applications for extensions of time and the further hearing of the summons for directions until 8.30 am Western Standard Time on Wednesday, 23 September 2015, such hearing to be conducted by video link from Perth to me in Melbourne.

Are there any further directions sought at this stage, gentlemen? Yes, Mr Agapis.

MR AGAPIS: I would just like to confirm your orders, your Honour.

HIS HONOUR: Yes.

MR AGAPIS: So obviously, this is quite a big deal. I am before the High Court and I am a little bit nervous but I just want to reiterate what you have stated as the order was that you have given me 28 days to make a submission in regards to extra time?

HIS HONOUR: That is correct.

MR AGAPIS: Extension of time, and that submission is only to deal with the extension of time?

HIS HONOUR: That is correct.

MR AGAPIS: Okay, thank you.

HIS HONOUR: I am going to deal with the extension of time separately and in advance of anything else.

MR AGAPIS: Okay.

HIS HONOUR: If we get past that then we will move ahead with directions for the substantive hearing of the matter.

MR AGAPIS: Thank you, your Honour.

HIS HONOUR: Adjourn sine die.

AT 4.41 PM THE MATTER WAS ADJOURNED