High Court of Australia
IN| THE HIGH COURI Ur AUSiRALiA
—\
HUTCHISON
___ORIGINAL _
REASONS FOR JUDGMENT
Oral
Judgment delivered at...
BIENVENU
Ve
RB. HUTCHISON
ORDER
Motion dismissed with costs.
BIENVENU Ve
R.B. HUTCHISON
JUDGMENT BARWICK C.J. CORAL)
ye
BIENVENU Ve
R.B. HUTCHISON
The applicant by this motion seeks an order dismissing a notice of motion by the respondent, the Crown Solicitor of the Commonwealth, for an order pursuant to Order 63, Rule 6 of the Rules of this Court, that the present applicant shall not, without
the leave of the court or a justice, begin any action, appeal or
_other proceeding in the court. The applicant bases her motion
on seven grounds set out in the notice of motion. The first ground is that there has been unwarranted delay by the Crown Solicitor in prosecuting his motion. In my opinion
there is no substance in this ground and further there is no warrant
'for the assertions which have been made in support of it. The
motion of the Crown Solicitor originally came before me on 23rd February last, and a date, the 11th March, was fixed for its hearing if a justice should then be available to hear it. In the course of the court's business during that sittings it was not possible to hear the motion. It was listed again on 5th May before me, at which time with the applicant's concurrence, and indeed at her request, it was not listed. This was done to enable her to deal with an application she was making in the Full Court, There is no reason whatever in my opinion for saying that there has been
any delay by the Crown Solicitor in prosecuting the motion.
The applicant then says that the motion by the Crown
Solicitor is brought in order in some way to prevent her from prosecuting motions or applications which she already has on foot or to embarrassher in their prosecution.
It has been pointed out to her, more than once, that neither the making of the application by the Crown Solicitor nor the making of an order by the court, if the court should see fit to make such an order on that motion, will in any way interfere with her prosecution of the matters which are already on foot, nor will the making of the order in any way impinge upon the consideration of those matters on their merits. In my opinion
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