Wei v Minister for Immigration and Border Protection [2015] HCATrans 207 (20 August 2015)

Last Updated: 20 August 2015

[2015] HCATrans 207

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S9 of 2015

B e t w e e n -

WEI WEI

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Defendant

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 20 AUGUST 2015, AT 10.04 AM

Copyright in the High Court of Australia

MR L.J. KARP: May it please your Honour, I appear for the plaintiff. (instructed by Ren Zhou Lawyers)

MR G.R. KENNETT, SC: May it please the Court, I appear for the defendant. (instructed by Clayton Utz Lawyers)

HIS HONOUR: Mr Karp.

MR KARP: Your Honour, new solicitors have been retained by the plaintiff.

HIS HONOUR: Yes.

MR KARP: If I could hand up and seek leave to file in Court a document entitled “Notice of appointment of solicitor”.

HIS HONOUR: Yes. You have leave to file that document in Court.

MR KARP: Thank you, your Honour. That, I think, makes redundant the summons which was filed by Lawside Lawyers seeking to be removed from the record.

HIS HONOUR: Yes.

MR KARP: I think that my friend has a proposed timetable for the continuance of the matter.

HIS HONOUR: Yes.

MR KARP: I think it is also agreed that the dates mentioned in that timetable be extended by a week in each case, but I will let him hand up the timetable.

HIS HONOUR: Very well. Thank you.

MR KENNETT: Your Honour, this was prepared yesterday. As my friend has indicated, we are all agreeable to each of the dates that are in it being put back by a week.

HIS HONOUR: Yes. Why am I anticipating failure to comply with direction 1?

MR KENNETT: Well, perhaps your Honour is not any more. I do not think we need to press that. There are now new solicitors on the record.

HIS HONOUR: Well, is this an agreed document?

MR KARP: It is, your Honour. I would prefer not to have order 2 there but, in the circumstances, I do not think I can reasonably object to it if the Minister does.

HIS HONOUR: Very well. If you accept the guillotine order, then I am prepared to - - -

MR KENNETT: Yes, I am told we do want it, your Honour, although it seems - - -

HIS HONOUR: Well, I am not going to argue against the agreed position of the parties.

MR KENNETT: We now do not expect that it will become relevant.

HIS HONOUR: Yes, very well. All right. Well, of course, the consequence is that there is no chance of this matter getting into the October list. All right, have you got the revised dates?

MR KENNETT: As I make it, your Honour, order 1 would be 4 September, order 2 would be 25 – I am sorry, order 3 would be 25 September, order 4, 16 October and order 5, 7 November – 6 November.

HIS HONOUR: All right. I am prepared to make orders in those terms. Mr Karp, is there anything further you wish to say?

MR KARP: Nothing further, your Honour.

HIS HONOUR: Very well. In those circumstances, I make orders in accordance with the minute of order initialled by me and bearing today’s date. The Court will now adjourn.

AT 10.09 AM THE MATTER WAS ADJOURNED