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HIGH COURT OF AUSTRALIA APPELLANT AND THE STATE OF WESTERN AUSTRALIA RESPONDENT Mahmood v State of Western Australia [2008] HCA 1 30 January 2008 ORDER Appeal allowed. Set aside the order of the Court of Appeal of the Supreme Court of Western Australia made on 14 May 2007. Remit the matter to the Court of Appeal of the...
HIGH COURT OF AUSTRALIA AND APPELLANT RESPONDENT Deal v Father Pius Kodakkathanath [2016] HCA 31 24 August 2016 ORDER Appeal allowed. Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 24 July 2015. Remit the matter to the Court of Appeal for determination. The respondent pay the appell...
HIGH COURT OF AUSTRALIA PRIVATE R AND PLAINTIFF BRIGADIER MICHAEL COWEN & ANOR DEFENDANTS Private R v Cowen [2020] HCA 31 Date of Hearing: 30 June 2020 Date of Judgment: 9 September 2020 ORDER Application dismissed. The plaintiff pay the second defendant's costs of the application. Representation T A Game SC and B L Jo...
HIGH COURT OF AUSTRALIA NERANJAN AGRAJITH KALUBUTH DE SILVA APPELLANT AND THE QUEEN RESPONDENT De Silva v The Queen [2019] HCA 48 Date of Hearing: 4 September 2019 Date of Judgment: 13 December 2019 ORDER Leave is granted to amend the Notice of Appeal. Special leave to appeal is granted in relation to ground 2 in the A...
HIGH COURT OF AUSTRALIA Matter No M97/2016 PLAINTIFF AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION DEFENDANT Matter No P58/2016 APPLICANT AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION RESPONDENT Graham v Minister for Immigration and Border Protection Te Puia v Minister for Immigration and Border Protection [2...
HIGH COURT OF AUSTRALIA ROBYN CHRISTINE FELLOWES APPELLANT AND MILITARY REHABILITATION AND COMPENSATION COMMISSION RESPONDENT Fellowes v Military Rehabilitation and Compensation Commission [2009] HCA 38 23 September 2009 Appeal allowed with costs. ORDER Set aside the orders of the Full Court of the Federal Court of Aus...
HIGH COURT OF AUSTRALIA PALIFLEX PTY LIMITED APPELLANT AND CHIEF COMMISSIONER OF STATE REVENUE RESPONDENT Paliflex Pty Limited v Chief Commissioner of State Revenue [2003] HCA 65 12 November 2003 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation: N C Hutley SC with G ...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Filippou v The Queen [2015] HCA 29 12 August 2015 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation T A Game SC with G A Bashir SC and J L Roy for the appellant (instructed L A Babb SC with K McKay for the respondent (in...
HIGH COURT OF AUSTRALIA PGA AND THE QUEEN APPELLANT RESPONDENT PGA v The Queen [2012] HCA 21 30 May 2012 ORDER Appeal dismissed. On appeal from the Supreme Court of South Australia Representation D M J Bennett QC with P F Muscat SC and A L Tokley for the appellant (instructed by Legal Services Commission (SA)) M G Hint...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2015] HCA 16 6 May 2015 ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of the Supreme Court of South Australia made on 3 June 2014 and, in its place, order that: the appeal be allowed; the appellant's conviction be quashed; and a new...
HIGH COURT OF AUSTRALIA AND APPELLANT THE QUEEN RESPONDENT [2018] HCA 32 8 August 2018 ORDER Appeal allowed. Set aside order 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 13 April 2017 in the appeal against sentence. Remit the proceeding to the Court of Criminal Appeal of the Supreme...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Milne v The Queen [2014] HCA 4 14 February 2014 S278/2013 & S279/2013 ORDER Appeal allowed. Set aside orders 1 and 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 2 March 2012 with respect to count 1 on the indictment and, in t...
HIGH COURT OF AUSTRALIA APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS (NSW) & ANOR RESPONDENTS Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Date of Hearing: 15 November 2022 Date of Order: 15 November 2022 Date of Publication of Reasons: 15 February 2023 ORDER Appeal allowed. Set aside Order 1 of the Or...
HIGH COURT OF AUSTRALIA DWN042 AND APPELLANT THE REPUBLIC OF NAURU RESPONDENT DWN042 v The Republic of Nauru [2017] HCA 56 13 December 2017 ORDER Appeal allowed. Set aside the order made by the Supreme Court of Nauru on 7 February 2017. Remit the matter to the Supreme Court of Nauru, to a judge other than Judge Khan, f...
HIGH COURT OF AUSTRALIA Matter No P47/2013 ELECTRICITY GENERATION CORPORATION T/AS VERVE ENERGY APPELLANT AND WOODSIDE ENERGY LTD & ORS RESPONDENTS Matter No P48/2013 WOODSIDE ENERGY LTD & ORS APPELLANTS AND ELECTRICITY GENERATION CORPORATION T/AS VERVE ENERGY RESPONDENT Electricity Generation Corporation v Woodside En...
HIGH COURT OF AUSTRALIA APPELLANT AND SECRETARY, DEPARTMENT OF TREASURY RESPONDENT McKinnon v Secretary, Department of Treasury [2006] HCA 45 6 September 2006 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Representation J E Griffiths SC with J K Kirk and T J Brennan for the appellant ...
HIGH COURT OF AUSTRALIA WESTPAC SECURITIES ADMINISTRATION LTD & ANOR APPELLANTS AND AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION RESPONDENT Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3 Date of Hearing: 7 & 8 October 2020 Date of Judgment: 3 February 2021 ORDE...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Pollock v The Queen [2010] HCA 35 20 October 2010 ORDER Appeal allowed. Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 11 September 2009 and, in lieu thereof, order that: the appeal to that Court be allowed; the appellant'...
HIGH COURT OF AUSTRALIA Matter No A8/2018 AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP) APPELLANT AND Matter No A7/2018 AND RESPONDENT APPELLANT AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP) RESPONDENT Amaca Pty Limited v Latz Latz v Amaca Pty Limited [2018] HCA 22 Date of Order: 11 May 2018 Date of Pub...
HIGH COURT OF AUSTRALIA JULIAN KINGSFORD GERNER & ANOR PLAINTIFFS AND THE STATE OF VICTORIA DEFENDANT Gerner v Victoria [2020] HCA 48 Date of Hearing: 6 November 2020 Date of Order: 6 November 2020 Date of Publication of Reasons: 10 December 2020 ORDER Demurrer allowed with costs. Representation B W Walker SC with M D ...
HIGH COURT OF AUSTRALIA STEPHEN ALFRED CATTANACH & ANOR APPELLANTS AND KERRY ANNE MELCHIOR & ANOR RESPONDENTS Cattanach v Melchior [2003] HCA 38 16 July 2003 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of Queensland Representation: D F Jackson QC with C Newton for the appellants (instructed by D...
HIGH COURT OF AUSTRALIA Matter No A5/2022 APPELLANT AND THE QUEEN Matter No A6/2022 RESPONDENT APPELLANT AND THE QUEEN RESPONDENT Hore v The Queen Wichen v The Queen [2022] HCA 22 Date of Hearing: 11 May 2022 Date of Judgment: 15 June 2022 A5/2022 & A6/2022 ORDER In each matter: Appeal allowed. Set aside the order of t...
HIGH COURT OF AUSTRALIA PETER MANN & ANOR APPELLANTS AND PATERSON CONSTRUCTIONS PTY LTD RESPONDENT Mann v Paterson Constructions Pty Ltd [2019] HCA 32 9 October 2019 ORDER Appeal allowed with costs. Set aside orders 1 to 3 of the Court of Appeal of the Supreme Court of Victoria made on 12 September 2018 and, in their p...
HIGH COURT OF AUSTRALIA LEGAL SERVICES BOARD APPELLANT AND RESPONDENT Legal Services Board v Gillespie-Jones [2013] HCA 35 14 August 2013 ORDER Appeal allowed. Order 1 of the orders made by the Court of Appeal of the Supreme Court of Victoria on 19 April 2012 be set aside, and, in its place, order that: the appeal from...
HIGH COURT OF AUSTRALIA APPLICANT AND VICTORIA LEGAL AID & ANOR RESPONDENTS D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 10 March 2005 ORDER Special leave to appeal granted. Appeal treated as instituted and heard instanter and dismissed with costs. On appeal from the Supreme Court of Victoria Representation: N A ...
HIGH COURT OF AUSTRALIA PLAINTIFF AND STATE OF VICTORIA DEFENDANT Minogue v Victoria [2018] HCA 27 20 June 2018 ORDER The questions stated by the parties in the special case filed 21 December 2017 be amended and the questions stated (as so amended) be answered as follows: Question (a) Is s 74AAA of the Corrections Act ...
HIGH COURT OF AUSTRALIA G CHARISTEAS AND APPELLANT Z V CHARISTEAS & ORS RESPONDENTS Charisteas v Charisteas [2021] HCA 29 Date of Hearing: 3 September 2021 Date of Judgment: 6 October 2021 ORDER The first respondent's application for an extension of time to file a notice of contention be refused. The appeal be allowed ...
HIGH COURT OF AUSTRALIA & ANOR APPELLANTS AND ALEKSANDRA GACIC & ORS RESPONDENTS John Fairfax Publications Pty Ltd v Gacic [2007] HCA 28 14 June 2007 ORDER Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 30 June 2006 and in their place make the following orders: Appeal allowe...
HIGH COURT OF AUSTRALIA ALDI FOODS PTY LIMITED AS GENERAL PARTNER OF ALDI STORES (A LIMITED PARTNERSHIP) APPELLANT AND SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES ASSOCIATION & ANOR RESPONDENTS ALDI Foods Pty Limited v Shop, Distributive & Allied Employees Association [2017] HCA 53 6 December 2017 ORDER Appeal allowed in par...
HIGH COURT OF AUSTRALIA COMMISSIONER OF STATE TAXATION APPELLANT AND CYRIL HENSCHKE PTY LTD & ORS RESPONDENTS Commissioner of State Taxation v Cyril Henschke Pty Ltd [2010] HCA 43 1 December 2010 ORDER Appeal allowed with costs. Set aside the order of the Full Court of the Supreme Court of South Australia made on 29 Ma...
HIGH COURT OF AUSTRALIA GOOGLE INC AND APPELLANT AUSTRALIAN COMPETITION AND CONSUMER COMMISSION RESPONDENT Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 6 February 2013 ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court of Australia made on 3 April 20...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2012] HCA 50 14 November 2012 ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 5 December 2011 and, in its place, order that: the appeal to that Court be allowed; the appellant's convicti...
HIGH COURT OF AUSTRALIA STATE OF NEW SOUTH WALES APPELLANT AND GEMMA FAHY RESPONDENT New South Wales v Fahy [2007] HCA 20 22 May 2007 ORDER 1. Appeal allowed. Set aside orders 2 and 3 of the Court of Appeal of the Supreme Court of New South Wales made on 4 April 2006 and in their place order that the order of the Distr...
HIGH COURT OF AUSTRALIA CITTA HOBART PTY LTD & ANOR APPELLANTS AND RESPONDENT Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Date of Hearing: 8 & 9 February 2022 Date of Judgment: 4 May 2022 ORDER Appeal allowed. Set aside orders 1 to 3 of the Full Court of the Supreme Court of Tasmania made on 23 December 2020 and, in ...
HIGH COURT OF AUSTRALIA DRAGAN VASILJKOVIC PLAINTIFF AND COMMONWEALTH OF AUSTRALIA & ORS DEFENDANTS Vasiljkovic v Commonwealth of Australia [2006] HCA 40 Date of Order: 15 June 2006 Date of Publication of Reasons: 3 August 2006 ORDER The questions stated by the parties in the Special Case for the opinion of the Full Co...
HIGH COURT OF AUSTRALIA AUSTRALIAN COMPETITION AND CONSUMER COMMISSION APPELLANT AND TPG INTERNET PTY LTD RESPONDENT Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 12 December 2013 ORDER Appeal allowed with costs. Set aside order 1 of the Full Court of the Federal Court of Australia...
HIGH COURT OF AUSTRALIA THE QUEEN AND APPELLANT RESPONDENT The Queen v Baden-Clay [2016] HCA 35 31 August 2016 ORDER Appeal allowed. Set aside orders 1 and 2 of the Court of Appeal of the Supreme Court of Queensland made on 8 December 2015, and in their place order that the appeal to that Court be dismissed. On appeal ...
HIGH COURT OF AUSTRALIA POLYAIRE PTY LTD APPELLANT AND K-AIRE PTY LTD & ORS RESPONDENTS Polyaire Pty Ltd v K-Aire Pty Ltd [2005] HCA 32 16 June 2005 ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court of Australia made on 23 January 2004 and in their place order that the appeal ...
HIGH COURT OF AUSTRALIA Matter No S22/2021 APPELLANTS AND SANDOZ PTY LTD Matter No S23/2021 RESPONDENT CNS PHARMA PTY LTD APPELLANT AND SANDOZ PTY LTD RESPONDENT H. Lundbeck A/S v Sandoz Pty Ltd CNS Pharma Pty Ltd v Sandoz Pty Ltd [2022] HCA 4 Date of Hearing: 8 October 2021 Date of Judgment: 9 March 2022 S22/2021 & S2...
HIGH COURT OF AUSTRALIA ROY MORGAN RESEARCH PTY LTD APPELLANT AND COMMISSIONER OF TAXATION & ANOR RESPONDENTS Roy Morgan Research Pty Ltd v Commissioner of Taxation [2011] HCA 35 28 September 2011 ORDER 1. Appeal dismissed. 2. The appellant pay the costs of the first respondent. On appeal from the Federal Court of Aust...
HIGH COURT OF AUSTRALIA ROADS AND TRAFFIC AUTHORITY APPELLANT AND GRANT ROYAL & ANOR RESPONDENTS Roads and Traffic Authority v Royal [2008] HCA 19 14 May 2008 ORDER 1. Appeal allowed with costs. 2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 April 2007 as varied by the ...
HIGH COURT OF AUSTRALIA McHUGH ACJ, Matters No. S122/2003 and S123/2003 AND APPELLANT ROADS AND TRAFFIC AUTHORITY & ORS RESPONDENTS Matters No. S124/2003 and S125/2003 NADIA CATHERINE RYAN BY HER TUTOR HEATHER RYAN AND APPELLANT JACK PLEDGE & ORS RESPONDENTS Pledge v Roads and Traffic Authority; Ryan v Pledge [2004] HC...
HIGH COURT OF AUSTRALIA PLAINTIFFS AND STATE OF NEW SOUTH WALES & ANOR DEFENDANTS McCloy v New South Wales [2015] HCA 34 7 October 2015 ORDER The questions stated by the parties in the special case dated 28 January 2015 and referred for the opinion of the Full Court be answered as follows: Question 1 Is Division 4A of ...
HIGH COURT OF AUSTRALIA PLAINTIFF M68/2015 PLAINTIFF AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS DEFENDANTS Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1 3 February 2016 ORDER The questions stated by the parties in the amended special case dated 7 October 2015, as paraphr...
HIGH COURT OF AUSTRALIA THE TRUSTEES OF THE PROPERTY OF APPELLANTS AND MARY ELIZABETH CUMMINS AND ANOR RESPONDENTS The Trustees of the Property of John Daniel Cummins, A Bankrupt v Cummins [2006] HCA 6 7 March 2006 ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court of Australia...
HIGH COURT OF AUSTRALIA JEMENA ASSET MANAGEMENT (3) PTY LTD & ORS APPELLANTS AND COINVEST LIMITED RESPONDENT Jemena Asset Management (3) Pty Ltd v Coinvest Limited [2011] HCA 33 7 September 2011 Appeal dismissed with costs. ORDER On appeal from the Federal Court of Australia Representation A J Myers QC with C B O'Grady...
HIGH COURT OF AUSTRALIA SUSAN JOY TAYLOR IN HER OWN CAPACITY AND FOR AND ON BEHALF OF THE DEPENDANTS OF THE LATE CRAIG TAYLOR APPELLANT AND THE OWNERS – STRATA PLAN NO 11564 & ORS RESPONDENTS Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9 2 April 2014 ORDER Appeal allowed. Set aside orders 3 and 4 of the Court...
HIGH COURT OF AUSTRALIA Matter No S75/2016 MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR APPELLANTS AND SZSSJ & ANOR Matter No S76/2016 RESPONDENTS MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS APPELLANTS AND SZTZI RESPONDENT Minister for Immigration and Border Protection v SZSSJ Minister for Immigration...
HIGH COURT OF AUSTRALIA CALIDAD PTY LTD & ORS APPELLANTS AND SEIKO EPSON CORPORATION & ANOR RESPONDENTS Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 Date of Hearing: 11 & 12 August 2020 Date of Judgment: 12 November 2020 ORDER Appeal allowed with costs. Set aside the orders made by the Full Court of the Fede...
HIGH COURT OF AUSTRALIA BENOY BERRY & ANOR APPELLANTS AND CCL SECURE PTY LTD RESPONDENT Berry v CCL Secure Pty Ltd [2020] HCA 27 Date of Hearing: 3 June 2020 Date of Judgment: 5 August 2020 ORDER Appeal allowed. Set aside orders 1 and 2 made by the Full Court of the Federal Court of Australia on 4 June 2019 and, in lie...
HIGH COURT OF AUSTRALIA THE MARITIME UNION OF AUSTRALIA & ANOR PLAINTIFFS AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR DEFENDANTS Maritime Union of Australia v Minister for Immigration and Border Protection [2016] HCA 34 31 August 2016 ORDER The questions stated by the parties in the special case dated 6 M...
HIGH COURT OF AUSTRALIA Matter No B28/2011 APPELLANT RESPONDENT APPELLANT RESPONDENT AND THE QUEEN Matter No B24/2011 AND THE QUEEN Hargraves v The Queen [2011] HCA 44 26 October 2011 B28/2011 & B24/2011 ORDER In each matter, appeal dismissed. On appeal from the Supreme Court of Queensland Representation J T Gleeson SC...
HIGH COURT OF AUSTRALIA PLAINTIFF M47/2018 PLAINTIFF AND MINISTER FOR HOME AFFAIRS & ANOR DEFENDANTS Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17 Date of Order: 13 February 2019 Date of Publication of Reasons: 12 June 2019 ORDER The questions stated in the special case for the opinion of the Full Court ...
HIGH COURT OF AUSTRALIA NOMINATED REPRESENTATIVE ON BEHALF OF VARIOUS LLOYDS UNDERWRITERS) APPELLANT AND HIGHWAY HAULIERS PTY LTD RESPONDENT Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 10 September 2014 ORDER Appeal dismissed. On appeal from the Supreme Court of Western Australia Representation B W Walker QC with ...
HIGH COURT OF AUSTRALIA Matter No H7/2009 C.A.L. NO 14 PTY LTD T/AS TANDARA MOTOR INN & ANOR APPELLANTS AND MOTOR ACCIDENTS INSURANCE BOARD RESPONDENT Matter No H8/2009 C.A.L. NO 14 PTY LTD T/AS TANDARA MOTOR INN & ANOR APPELLANTS AND RESPONDENT C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board C.A.L. No 14 Pty Lt...
HIGH COURT OF AUSTRALIA AND APPELLANT THE QUEEN & ANOR RESPONDENTS HT v The Queen [2019] HCA 40 Date of Hearing: 10 September 2019 Date of Judgment: 13 November 2019 ORDER Appeal allowed. Set aside the two sets of orders made by the Court of Criminal Appeal of the Supreme Court of New South Wales, when reserving its ju...
HIGH COURT OF AUSTRALIA BRENT BURGE & ORS APPELLANTS AND RESPONDENT Burge v Swarbrick [2007] HCA 17 26 April 2007 ORDER 1. Appeal allowed with costs. 2. Set aside the orders of the Full Court of the Federal Court of Australia and in their place order that: (a) the appeal to that Court be allowed with costs; and (b) the...
HIGH COURT OF AUSTRALIA COMMISSIONER OF TAXATION APPELLANT AND SYMONE ANSTIS RESPONDENT Commissioner of Taxation v Anstis [2010] HCA 40 11 November 2010 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Representation S J Gageler SC, Solicitor-General of the Commonwealth with S H Steward ...
HIGH COURT OF AUSTRALIA APPELLANTS AND KYM LOUISE TIGHE & ORS RESPONDENTS Pike v Tighe [2018] HCA 9 14 March 2018 ORDER Appeal allowed. Set aside orders 2 to 5 of the orders made by the Court of Appeal of the Supreme Court of Queensland on 23 December 2016 and, in their place, order that: the appeal be dismissed; and t...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2013] HCA 37 2 October 2013 ORDER Appeal allowed. Set aside paragraphs 1, 3 and 4 of the order of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 18 October 2012. Remit the matter to the Court of Criminal Appeal. On appeal from the...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Van Beelen v The Queen [2017] HCA 48 8 November 2017 ORDER Summons filed 9 August 2017 dismissed. Appeal dismissed. On appeal from the Supreme Court of South Australia Representation K V Borick QC and F R Gerry QC with A J Redford for the appellant (instructed ...
HIGH COURT OF AUSTRALIA PLAINTIFF AND STATE OF QUEENSLAND & ANOR DEFENDANTS Wotton v Queensland [2012] HCA 2 29 February 2012 ORDER Order that the questions stated in the Further Amended Special Case filed on 15 August 2011 be answered as follows: Question 1: (a) Is s 132(1)(a) of the Corrective Services Act 2006 (Q) i...
HIGH COURT OF AUSTRALIA PLAINTIFFS AND THE STATE OF TASMANIA DEFENDANT Brown v Tasmania [2017] HCA 43 18 October 2017 ORDER Question 2 of the Special Case dated 9 December 2016 be amended and the questions stated in the Special Case (as so amended) be answered as follows: Question 1 Do either or both of the plaintiffs ...
HIGH COURT OF AUSTRALIA Matter No M79/2018 AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT AND WILLIAM LIONEL LEWSKI & ANOR RESPONDENTS Matter No M80/2018 AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT AND MICHAEL RICHARD LEWIS WOOLDRIDGE & ANOR RESPONDENTS Matter No M81/2018 AUSTRALIAN SECURITIES & ...
HIGH COURT OF AUSTRALIA CANTARELLA BROS PTY LIMITED APPELLANT AND RESPONDENT Cantarella Bros Pty Limited v Modena Trading Pty Limited [2014] HCA 48 3 December 2014 ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court of Australia made on 30 September 2013 and, in their place, ord...
HIGH COURT OF AUSTRALIA AND PLAINTIFF AUSTRALIAN CRIME COMMISSION & ANOR DEFENDANTS X7 v Australian Crime Commission [2013] HCA 29 26 June 2013 ORDER The questions asked in the Case Stated dated 23 August 2012 be answered as follows: Does Div 2 of Pt II of the Australian Crime Commission Act 2002 (Cth) ("the ACC Act") ...
HIGH COURT OF AUSTRALIA FRANZ BOENSCH AS TRUSTEE OF THE BOENSCH TRUST APPELLANT AND RESPONDENT Boensch v Pascoe [2019] HCA 49 Date of Hearing: 11 October 2019 Date of Judgment: 13 December 2019 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Representation C J Bevan with M J Wells for t...
HIGH COURT OF AUSTRALIA PLAINTIFF AND COMMONWEALTH OF AUSTRALIA & ORS DEFENDANTS Williams v Commonwealth of Australia [2012] HCA 23 20 June 2012 ORDER The questions stated in the Amended Special Case dated 26 July 2011 be answered as follows: Question 1 Does the plaintiff have standing to challenge: the validity of the...
HIGH COURT OF AUSTRALIA THE QUEEN AND APPELLANT RESPONDENT The Queen v Khazaal [2012] HCA 26 10 August 2012 ORDER Appeal allowed. Set aside the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 9 June 2011 and in place thereof dismiss the appeal against conviction on count 1 of the ...
HIGH COURT OF AUSTRALIA CHIEF COMMISSIONER OF STATE REVENUE APPELLANT AND DICK SMITH ELECTRONICS HOLDINGS PTY LTD RESPONDENT Chief Commissioner of State Revenue v Dick Smith Electronics Holdings Pty Ltd [2005] HCA 3 8 February 2005 ORDER Appeal allowed with costs. Set aside the order of the Court of Appeal of the Supre...
HIGH COURT OF AUSTRALIA APPELLANTS AND NEW SOUTH WALES LAND AND HOUSING CORPORATION & ORS RESPONDENTS Simic v New South Wales Land and Housing Corporation [2016] HCA 47 7 December 2016 ORDER Appeal allowed. Special leave be granted to the first respondent to cross-appeal. The cross-appeal by the first respondent be tre...
HIGH COURT OF AUSTRALIA COMMISSIONER OF TAXATION APPELLANT AND RESPONDENT Commissioner of Taxation v Stone [2005] HCA 21 26 April 2005 ORDER Appeal allowed. Set aside orders 1 and 2 of the orders of the Full Court of the Federal Court of Australia made on 27 June 2003 and in their place order that the appeal to that Co...
HIGH COURT OF AUSTRALIA ANCIENT ORDER OF FORESTERS IN VICTORIA FRIENDLY SOCIETY LIMITED APPELLANT AND LIFEPLAN AUSTRALIA FRIENDLY SOCIETY LIMITED & ANOR RESPONDENTS Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited [2018] HCA 43 10 October 2018 ORDER Appeal di...
HIGH COURT OF AUSTRALIA Matter No B60/2017 THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA APPELLANT AND RESPONDENT Matter No B61/2017 THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA APPELLANT AND RESPONDENT Matter No B62/2017 THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA APP...
HIGH COURT OF AUSTRALIA AVON PRODUCTS PTY LIMITED APPELLANT AND COMMISSIONER OF TAXATION RESPONDENT Avon Products Pty Limited v Commissioner of Taxation [2006] HCA 29 14 June 2006 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Representation S J Gageler SC with M Richmond for the appel...
HIGH COURT OF AUSTRALIA APPELLANT AND TREVOR JOHN SCHULTZ & ORS RESPONDENTS BHP Billiton Limited v Schultz [2004] HCA 61 7 December 2004 ORDER 1. Appeal allowed. 2. Set aside Order 1 of the orders of the Supreme Court of New South Wales entered on 30 October 2002, and in its place order that: (a) Proceeding No 308 of 2...
HIGH COURT OF AUSTRALIA SHU-LING CHANG & ANOR APPELLANTS AND LAIDLEY SHIRE COUNCIL RESPONDENT Chang v Laidley Shire Council [2007] HCA 37 29 August 2007 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of Queensland Representation D R Gore QC with T N Trotter for the appellants (instructed by Robert ...
HIGH COURT OF AUSTRALIA CGU INSURANCE LIMITED APPELLANT AND AMP FINANCIAL PLANNING PTY LTD RESPONDENT CGU Insurance Limited v AMP Financial Planning Pty Ltd [2007] HCA 36 29 August 2007 M127/2006 & M128/2006 ORDER In M127 of 2006 1. Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court ...
HIGH COURT OF AUSTRALIA PLAINTIFF AND DIRECTOR OF MILITARY PROSECUTIONS & ANOR DEFENDANTS White v Director of Military Prosecutions [2007] HCA 29 19 June 2007 ORDER Application dismissed with costs. Representation A W Street SC with D A McLure and J A Hogan-Doran for the plaintiff (instructed by North & Badgery) D M J ...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Dupas v The Queen [2010] HCA 20 Date of Order: 15 April 2010 Date of Publication of Reasons: 16 June 2010 ORDER The appeal is dismissed. The respondent's summons is dismissed. On appeal from the Supreme Court of Victoria Representation C B Boyce with L C Carter...
HIGH COURT OF AUSTRALIA APPELLANT AND DIRECTOR OF POLICE THROUGH THE SECRETARY OF JUSTICE AS DIRECTOR OF PUBLIC PROSECUTOR RESPONDENT Ruhani v Director of Police [No 2] [2005] HCA 43 31 August 2005 ORDER Appeal dismissed with costs. Respondent's costs to be set off against any balance remaining after the setting-off of...
HIGH COURT OF AUSTRALIA TOLL (FGCT) PTY LIMITED (formerly Finemores GCT Pty Limited) APPELLANT AND ALPHAPHARM PTY LIMITED & ORS RESPONDENTS Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52 11 November 2004 ORDER Appeal allowed with costs. Set aside order 1 of the orders of the New South Wales Court of App...
HIGH COURT OF AUSTRALIA POLICE AND APPELLANT RESPONDENT Police v Dunstall [2015] HCA 26 5 August 2015 ORDER Appeal allowed. Set aside order 1 of the orders of the Full Court of the Supreme Court of South Australia made on 25 July 2014 and, in its place, order that: the appeal be allowed; and order 1 of the orders of Ke...
HIGH COURT OF AUSTRALIA RAJU KAMALJEET DHANHOA APPELLANT AND THE QUEEN RESPONDENT Dhanhoa v The Queen [2003] HCA 40 5 August 2003 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation: T A Game SC with H K Dhanji for the appellant (instructed by Legal Aid Commission of New South Wal...
HIGH COURT OF AUSTRALIA MAXCON CONSTRUCTIONS PTY LTD APPELLANT AND AS AUSTRALASIAN PILING COMPANY) & ORS RESPONDENTS Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 14 February 2018 ORDER Appeal dismissed. On appeal from the Supreme Court of South Australia Representation R J Whitington QC with B J Doyle for the app...
HIGH COURT OF AUSTRALIA THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA APPELLANT AND CITYLINK MELBOURNE LIMITED (FORMERLY KNOWN AS TRANSURBAN CITY LINK LIMITED) RESPONDENT Commissioner of Taxation v Citylink Melbourne Limited [2006] HCA 35 20 July 2006 ORDER Appeal dismissed with costs. On appeal from th...
HIGH COURT OF AUSTRALIA KINGDOM OF SPAIN APPELLANT AND INFRASTRUCTURE SERVICES LUXEMBOURG S.À.R.L. & ANOR RESPONDENTS Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11 Date of Hearing: 9 & 10 November 2022 Date of Judgment: 12 April 2023 ORDER Appeal dismissed with costs. On appeal from the F...
HIGH COURT OF AUSTRALIA EAST AUSTRALIAN PIPELINE PTY LIMITED APPELLANT AND AUSTRALIAN COMPETITION AND CONSUMER COMMISSION & ANOR RESPONDENTS East Australian Pipeline Pty Limited v Australian Competition and Consumer Commission [2007] HCA 44 27 September 2007 ORDER 1. Appeal allowed. 2. Set aside order 4 of the orders o...
HIGH COURT OF AUSTRALIA TRENT KING AND THE QUEEN APPELLANT RESPONDENT King v The Queen [2012] HCA 24 20 June 2012 ORDER Appeal dismissed. On appeal from the Supreme Court of Victoria Representation M J Croucher SC with C A Boston for the appellant (instructed by Balmer & Associates) G J C Silbert SC with B L Sonnet for...
HIGH COURT OF AUSTRALIA APPLICANT VEAL OF 2002 APPELLANT AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR RESPONDENTS Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 6 December 2005 ORDER Appeal allowed with costs. Set aside the orders...
HIGH COURT OF AUSTRALIA APPELLANT AND AUSTRALIAN ELECTORAL COMMISSION RESPONDENT Mulholland v Australian Electoral Commission [2004] HCA 41 Date of Order: 20 May 2004 Date of Publication of Reasons: 8 September 2004 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Representation: J B R B...
HIGH COURT OF AUSTRALIA PLAINTIFF AND THE STATE OF QUEENSLAND DEFENDANT [2014] HCA 46 14 November 2014 ORDER The questions asked by the parties in the further amended special case dated 23 July 2014 and referred for consideration by the Full Court be answered as follows: Question 1 Does the plaintiff have standing to s...
HIGH COURT OF AUSTRALIA AUSTRALIAN FINANCIAL SERVICES AND LEASING PTY LIMITED APPELLANT AND HILLS INDUSTRIES LIMITED & ANOR RESPONDENTS Australian Financial Services and Leasing Pty Limited v Hills Industries Limited [2014] HCA 14 7 May 2014 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New Sou...
HIGH COURT OF AUSTRALIA Matter No S152/2019 BMW AUSTRALIA LTD AND APPELLANT OWEN BREWSTER & ANOR RESPONDENTS Matter No S154/2019 WESTPAC BANKING CORPORATION & ANOR APPELLANTS AND GREGORY JOHN LENTHALL & ORS RESPONDENTS BMW Australia Ltd v Brewster Westpac Banking Corporation v Lenthall [2019] HCA 45 Date of Hearing: 13...
HIGH COURT OF AUSTRALIA LEONILDA MARCOLONGO APPELLANT AND YU PO CHEN & ANOR RESPONDENTS Marcolongo v Chen [2011] HCA 3 9 March 2011 ORDER Appeal allowed. Dismiss the summons filed by the second respondent seeking to file a notice of contention out of time. Set aside paragraphs 1, 2, 3, 4 and 5 of the order of the New S...
HIGH COURT OF AUSTRALIA DIRECTOR OF PUBLIC PROSECUTIONS FOR THE NORTHERN TERRITORY OF AUSTRALIA APPELLANT AND WJI RESPONDENT Director of Public Prosecutions (NT) v WJI [2004] HCA 47 6 October 2004 ORDER Appeal dismissed. On appeal from the Supreme Court of the Northern Territory of Australia Representation: D F Jackson...
HIGH COURT OF AUSTRALIA GRAEME STEPHEN REEVES APPLICANT AND THE QUEEN RESPONDENT Reeves v The Queen [2013] HCA 57 18 December 2013 ORDER Special leave to appeal on Grounds 2.1, 2.2 and 2.3 of the Application for Special Leave to Appeal filed on 21 March 2013 granted. Application for special leave to appeal otherwise di...
HIGH COURT OF AUSTRALIA CRI026 AND APPELLANT THE REPUBLIC OF NAURU RESPONDENT CRI026 v The Republic of Nauru [2018] HCA 19 16 May 2018 ORDER Leave to amend the notice of appeal refused with costs. Leave to be heard on Ground 3 refused with costs. Appeal dismissed with costs. On appeal from the Supreme Court of Nauru Re...
HIGH COURT OF AUSTRALIA APPELLANT AND NAURU LANDS COMMITTEE & ORS RESPONDENTS Clodumar v Nauru Lands Committee [2012] HCA 22 Date of Order: 20 April 2012 Date of Publication of Reasons: 20 June 2012 ORDER Extension of time allowed to enable this Court to hear and determine this appeal. Appeal allowed. Civil Action No 1...
HIGH COURT OF AUSTRALIA REX BASHFORD AND APPELLANT INFORMATION AUSTRALIA (NEWSLETTERS) PTY LIMITED RESPONDENT Bashford v Information Australia (Newsletters) Pty Limited [2004] HCA 5 11 February 2004 Appeal dismissed with costs. ORDER On appeal from the Supreme Court of New South Wales Representation: R S McColl SC with...