Palmer v The State of Western Australia; Mineralogy Pty Ltd & Anor v State of Western Australia [2021] HCATrans 48 (18 March 2021)

Last Updated: 18 March 2021

[2021] HCATrans 048

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B52 of 2020

B e t w e e n -

CLIVE FREDERICK PALMER

Plaintiff

and

THE STATE OF WESTERN AUSTRALIA

Defendant

Office of the Registry
Brisbane No B54 of 2020

B e t w e e n -

MINERALOGY PTY LTD

First Plaintiff

INTERNATIONAL MINERALS PTY LTD

Second Plaintiff

and

STATE OF WESTERN AUSTRALIA

Defendant

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY BY VIDEO CONNECTION

ON THURSDAY, 18 MARCH 2021, AT 12.00 NOON

Copyright in the High Court of Australia

____________________

MR C.F. PALMER appeared in person in B52.

MR D.F. JACKSON, QC: Your Honour, I appear with my learned friends, MR M.A. KARAM and MR H.C. COOPER, for the plaintiffs in B54. (instructed by Jonathan Shaw)

MR J.A. THOMSON, SC, Solicitor‑General for the State of Western Australia: May it please the Court, I appear for the defendant in each matter, with MS J.E. SHAW. (instructed by State Solicitor’s Office (WA))

HIS HONOUR: I have read the submissions that were filed yesterday, and yesterday afternoon I had circulated some proposed directions. Now, beginning with matter B54, Mr Jackson, do you have anything to say about those proposed directions?

MR JACKSON: Just this, your Honour, that we have received them, and we have no problem with any of those directions.

HIS HONOUR: Very well, thank you. Mr Thomson, in that matter do you have any difficulty with those directions?

MR THOMSON: No, not at all, your Honour. Thank you for drafting them.

HIS HONOUR: Mr Palmer, in your matter, B52, do you have any issue with those directions?

MR PALMER: No, your Honour. Thank you again for taking the time to draft them.

HIS HONOUR: Mr Thomson, in matter B52, is your attitude the same?

MR THOMSON: Yes, it is.

HIS HONOUR: Very well. Is there anything else to discuss?

MR JACKSON: Your Honour, might I just mention one matter and there is nothing that has to be decided at the moment. In our written submissions, for the purposes of the application, I think we adverted to – or perhaps in the draft order – we adverted to the possibility that in due course it might be necessary to have a somewhat extended number of pages for the written submissions. Your Honour, having looked at the matter a little more closely, that remains my view, but may we deal with that at an appropriate time.

HIS HONOUR: You can include whatever might be agreed in the proposed timetable, Mr Jackson.

MR JACKSON: Thank you, your Honour.

HIS HONOUR: At least as an ambit claim.

MR JACKSON: Yes.

HIS HONOUR: Mr Jackson, of course, if you were successful on the manner and form point, everything else falls away, does it not?

MR JACKSON: Of course, yes.

HIS HONOUR: All right. Is there anything else?

MR JACKSON: No, your Honour.

MR PALMER: No, your Honour.

HIS HONOUR: Very well. I make the directions indicated in the draft directions provided to the parties yesterday. I do that in each matter. I do not think there is any necessity to read those onto the transcript.

The Court will now adjourn.

AT 12.03 PM THE MATTER WAS ADJOURNED