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HIGH COURT OF AUSTRALIA STATE OF VICTORIA APPELLANT AND TATTS GROUP LIMITED RESPONDENT Victoria v Tatts Group Limited [2016] HCA 5 2 March 2016 ORDER Appeal allowed with costs. Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 4 December 2014 and in their place order that: the appeal ...
HIGH COURT OF AUSTRALIA AND THE QUEEN APPELLANT RESPONDENT [2012] HCA 27 15 August 2012 ORDER Appeal dismissed. On appeal from the Supreme Court of Victoria Representation M J Croucher SC with L C Carter for the appellant (instructed by Doogue G J C Silbert SC with B L Sonnet for the respondent (instructed by Solicitor...
HIGH COURT OF AUSTRALIA COMMONWEALTH BANK OF AUSTRALIA APPELLANT AND RESPONDENT Commonwealth Bank of Australia v Barker [2014] HCA 32 10 September 2014 ORDER Appeal allowed. Set aside paragraphs 1 (save as to costs) and 2 of the order of the Full Court of the Federal Court of Australia made on 6 August 2013 and, in the...
HIGH COURT OF AUSTRALIA Matter No S248/2015 BELL GROUP N.V. (IN LIQUIDATION) & ANOR PLAINTIFFS AND THE STATE OF WESTERN AUSTRALIA DEFENDANT Matter No P63/2015 W.A. GLENDINNING & ASSOCIATES PTY LTD PLAINTIFF AND THE STATE OF WESTERN AUSTRALIA DEFENDANT Matter No P4/2016 MARANOA TRANSPORT PTY LTD (IN LIQ) & ORS PLAINTIFF...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Roach v The Queen [2011] HCA 12 4 May 2011 ORDER Appeal dismissed. On appeal from the Supreme Court of Queensland Representation M J Byrne QC with H C Fong and C W Heaton for the appellant (instructed by Legal Aid Queensland) A W Moynihan SC with A D Anderson f...
HIGH COURT OF AUSTRALIA CLIVE FREDERICK PALMER & ORS PLAINTIFFS AND AUSTRALIAN ELECTORAL COMMISSION & ORS DEFENDANTS Palmer v Australian Electoral Commission [2019] HCA 24 Date of Order: 7 May 2019 Date of Publication of Reasons and Further Order: 14 August 2019 ORDER Made on 7 May 2019: The application is dismissed. M...
HIGH COURT OF AUSTRALIA CHIEF EXECUTIVE OFFICER OF CUSTOMS APPELLANT AND LABRADOR LIQUOR WHOLESALE PTY LTD & ORS RESPONDENTS Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2003] HCA 49 5 September 2003 1. Appeal allowed in part. ORDER 2. Set aside paragraphs 2 and 3 of the orders of the Court o...
HIGH COURT OF AUSTRALIA APPELLANT AND REPATRIATION COMMISSION RESPONDENT Roncevich v Repatriation Commission [2005] HCA 40 10 August 2005 ORDER Appeal allowed. Set aside the order of the Full Court of the Federal Court of Australia dated 30 June 2003 and, in place thereof, order that: the appeal be allowed; the order o...
HIGH COURT OF AUSTRALIA AND APPELLANT THE QUEEN RESPONDENT IL v The Queen [2017] HCA 27 9 August 2017 ORDER Appeal allowed. Set aside the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 8 April 2016 and in their place order that the appeal to that Court be dismissed. On appeal fro...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Douglass v The Queen [2012] HCA 34 Date of Order: 16 August 2012 Date of Publication of Reasons: 11 September 2012 ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of the Supreme Court of South Australia made on 3 December 2010 and in i...
HIGH COURT OF AUSTRALIA AND PLAINTIFF DEFENDANT [2018] HCA 11 21 March 2018 ORDER The questions referred to the Full Court under s 18 of the Judiciary Act 1903 (Cth) be amended and answered as follows: Question (1) Can and should the High Court decide in this proceeding whether the defendant was a person declared by th...
HIGH COURT OF AUSTRALIA PLAINTIFF S156/2013 PLAINTIFF AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR DEFENDANTS Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22 18 June 2014 ORDER The questions reserved in the Stated Case dated 13 February 2014 be answered as follows: Is s 1...
HIGH COURT OF AUSTRALIA DIANE McGRATH FINGLETON APPELLANT AND THE QUEEN RESPONDENT Fingleton v The Queen [2005] HCA 34 23 June 2005 ORDER Appeal allowed. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 26 June 2003 and in their place order: appeal allowed; conviction of the appell...
HIGH COURT OF AUSTRALIA NORTH AUSTRALIAN ABORIGINAL JUSTICE AGENCY LIMITED & ANOR PLAINTIFFS AND NORTHERN TERRITORY OF AUSTRALIA DEFENDANT North Australian Aboriginal Justice Agency Limited v Northern Territory [2015] HCA 41 11 November 2015 ORDER The questions asked by the parties in the special case dated 10 June 201...
HIGH COURT OF AUSTRALIA STANFORD AND STANFORD APPELLANT RESPONDENT Stanford v Stanford [2012] HCA 52 15 November 2012 ORDER Appeal allowed with costs. Set aside paragraphs 1 and 2 of the orders of the Full Court of the Family Court of Australia made on 19 January 2012. Vary the orders of the Full Court of the Family Co...
HIGH COURT OF AUSTRALIA FORTRESS CREDIT CORPORATION (AUSTRALIA) II PTY LIMITED & ANOR APPELLANTS AND WILLIAM JOHN FLETCHER AND KATHERINE BARNET AS LIQUIDATORS OF OCTAVIAR LIMITED (RECEIVER AND MANAGERS APPOINTED) (IN LIQUIDATION) AND OCTAVIAR ADMINISTRATION PTY LIMITED & ORS RESPONDENTS Fortress Credit Corporation (Aus...
HIGH COURT OF AUSTRALIA THE DIRECTOR OF PUBLIC PROSECUTIONS APPELLANT AND RESPONDENT Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41 11 October 2017 ORDER Appeal allowed. Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 18 March 2016. Remit the matter to the Co...
HIGH COURT OF AUSTRALIA Matter No P60/2011 APPELLANT AND THE QUEEN & ANOR RESPONDENTS Matter No P61/2011 AND APPELLANT THE QUEEN & ANOR RESPONDENTS Mansfield v The Queen Kizon v The Queen [2012] HCA 49 14 November 2012 P60/2011 & P61/2011 ORDER Matter No P60/2011 Appeal dismissed. Matter No P61/2011 Appeal dismissed. O...
HIGH COURT OF AUSTRALIA CLONE PTY LTD AND APPELLANT PLAYERS PTY LTD (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) & ORS RESPONDENTS Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12 21 March 2018 A22/2017 & A23/2017 ORDER Matter No A22/2017 Appeal allowed. Set aside ord...
HIGH COURT OF AUSTRALIA SAS TRUSTEE CORPORATION APPELLANT AND RESPONDENT SAS Trustee Corporation v Miles [2018] HCA 55 14 November 2018 ORDER Appeal allowed. Set aside orders 1 and 2 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 4 May 2017 and in their place order that the appeal t...
HIGH COURT OF AUSTRALIA APPELLANT AND RESPONDENT Ridd v James Cook University [2021] HCA 32 Date of Hearing: 23 June 2021 Date of Judgment: 13 October 2021 ORDER Appeal dismissed. On appeal from the Federal Court of Australia Representation S J Wood QC with B W Jellis and C Mintz for the appellant (instructed by Mahone...
HIGH COURT OF AUSTRALIA APPELLANT AND MYRIAD GENETICS INC & ANOR RESPONDENTS D'Arcy v Myriad Genetics Inc [2015] HCA 35 7 October 2015 ORDER Appeal allowed. Set aside paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 5 September 2014 and, in its place, order that: the appeal be allowe...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2004] HCA 15 30 March 2004 ORDER 1. Appeal allowed. 2. Set aside the order made by the Court of Criminal Appeal of Western Australia on 1 May 2002 dismissing the appeal. 3. Remit the proceeding to the Court of Criminal Appeal for consideration and determinatio...
HIGH COURT OF AUSTRALIA APPELLANT AND HARGRAVES SECURED INVESTMENTS LIMITED RESPONDENT Waller v Hargraves Secured Investments Limited [2012] HCA 4 29 February 2012 1. Appeal allowed. ORDER Set aside the order of the Court of Appeal of the Supreme Court of New South Wales dated 11 November 2010 and in its place order th...
HIGH COURT OF AUSTRALIA PUBLIC TRUSTEE OF QUEENSLAND APPELLANT AND FORTRESS CREDIT CORPORATION (AUS) 11 PTY LTD & ORS RESPONDENTS Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29 1 September 2010 ORDER Appeal dismissed. Appellant to pay first respondent's costs. On appeal from t...
HIGH COURT OF AUSTRALIA MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS APPELLANT AND RESPONDENT Minister for Immigration, Citizenship, Migrant Services and Multicultural [2021] HCA 41 Date of Hearing: 9 September 2021 Date of Judgment: 8 December 2021 ORDER Appeal allowed. Set aside o...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Magaming v The Queen [2013] HCA 40 11 October 2013 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation N J Williams SC with J B King and D W Robertson for the appellant (instructed by Legal Aid Commission of NSW) P W Neil ...
HIGH COURT OF AUSTRALIA PLAINTIFF M47/2012 PLAINTIFF AND DIRECTOR GENERAL OF SECURITY & ORS DEFENDANTS Plaintiff M47/2012 v Director General of Security [2012] HCA 46 5 October 2012 ORDER Question 2A of the Further Amended Special Case dated 20 June 2012 should be amended and the questions stated in the Special Case (a...
HIGH COURT OF AUSTRALIA APPELLANT AND THE STATE OF WESTERN AUSTRALIA RESPONDENT Smith v Western Australia [2014] HCA 3 12 February 2014 ORDER Appeal allowed. Set aside the orders of the Court of Appeal of the Supreme Court of Western Australia made on 17 January 2013. Remit the appellant's appeal and application to the...
HIGH COURT OF AUSTRALIA KIEU THI BUI AND APPELLANT DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA RESPONDENT Bui v Director of Public Prosecutions (Cth) [2012] HCA 1 9 February 2012 Appeal dismissed. ORDER On appeal from the Supreme Court of Victoria Representation P F Tehan QC with G F Meredith for ...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Moti v The Queen [2011] HCA 50 7 December 2011 ORDER 1. Appeal allowed. 2. Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 16 July 2010 and in its place order that the appeal to that Court is dismissed. On appeal from the S...
HIGH COURT OF AUSTRALIA THE COMMONWEALTH OF AUSTRALIA PLAINTIFF AND THE AUSTRALIAN CAPITAL TERRITORY DEFENDANT The Commonwealth v Australian Capital Territory [2013] HCA 55 12 December 2013 ORDER The questions reserved for determination by the Full Court on 4 November 2013 be answered as follows: Is the Marriage Equali...
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 REGIONAL EXPRESS HOLDINGS LIMITED APPELLANT AND AUSTRALIAN FEDERATION OF AIR PILOTS RESPONDENT Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA 55 13 December 2017 ORDER Appeal dismissed. On appeal from the Federal Court of Australia Representation M J Follett w...
HIGH COURT OF AUSTRALIA APPELLANT AND COMPTROLLER-GENERAL OF CUSTOMS RESPONDENT Parker v Comptroller-General of Customs [2009] HCA 7 12 February 2009 Appeal dismissed with costs. ORDER On appeal from the Supreme Court of New South Wales Representation J T Gleeson SC with M J Darke and D A Lloyd for the appellant (instr...
HIGH COURT OF AUSTRALIA QUEENSLAND PREMIER MINES PTY LTD & ORS APPELLANTS AND RESPONDENT Queensland Premier Mines Pty Ltd v French [2007] HCA 53 15 November 2007 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of Victoria Representation C L Pannam QC with M S Goldblatt for the appellant (instructed ...
HIGH COURT OF AUSTRALIA ASSETINSURE PTY LIMITED (FORMERLY GERLING GLOBAL REINSURANCE COMPANY OF AUSTRALIA PTY LIMITED) APPELLANT AND NEW CAP REINSURANCE CORPORATION LIMITED (IN LIQUIDATION) & ORS RESPONDENTS AssetInsure Pty Limited v New Cap Reinsurance Corporation Limited (in liquidation) [2006] HCA 13 7 April 2006 OR...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Swan v The Queen [2020] HCA 11 Date of Hearing: 13 February 2020 Date of Judgment: 18 March 2020 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation B J Rigg SC with T Quilter for the appellant (instructed by O'Brien Hudso...
HIGH COURT OF AUSTRALIA REPRESENTATIVE OF THE ESTATE OF JAN EMIL TALACKO) APPELLANT AND ALEXANDRA BENNETT & ORS RESPONDENTS Talacko v Bennett [2017] HCA 15 3 May 2017 ORDER Appeal allowed. Set aside orders 2 to 6 of the Court of Appeal of the Supreme Court of Victoria made in proceeding S APCI 2016 0024 on 28 July 2016...
HIGH COURT OF AUSTRALIA SOUTHERN HAN BREAKFAST POINT PTY LTD (IN LIQUIDATION) APPELLANT AND LEWENCE CONSTRUCTION PTY LTD & ORS RESPONDENTS Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52 21 December 2016 ORDER Appeal allowed. Set aside the orders made by the Court of A...
HIGH COURT OF AUSTRALIA AON RISK SERVICES AUSTRALIA LIMITED APPELLANT AND AUSTRALIAN NATIONAL UNIVERSITY RESPONDENT Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 5 August 2009 1. Appeal allowed with costs. ORDER 2. Set aside orders 2 and 3 of the orders of the Court of Appeal of the...
HIGH COURT OF AUSTRALIA UNIONS NSW & ORS PLAINTIFFS AND STATE OF NEW SOUTH WALES DEFENDANT Unions NSW v New South Wales [2013] HCA 58 18 December 2013 ORDER The questions asked by the parties in the Special Case dated 12 August 2013, as amended, be answered as follows: Question 1 Is s 96D of the Election Funding, Expen...
HIGH COURT OF AUSTRALIA AUSTRALIAN COMPETITION AND CONSUMER COMMISSION APPELLANT AND CG BERBATIS HOLDINGS PTY LTD & ORS RESPONDENTS Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd [2003] HCA 18 9 April 2003 ORDER Appeal dismissed with costs. On appeal from the Federal Court of Australia Re...
HIGH COURT OF AUSTRALIA Matter No M155/2011 THE PILBARA INFRASTRUCTURE PTY LTD & ANOR APPELLANTS AND AUSTRALIAN COMPETITION TRIBUNAL & ORS RESPONDENTS Matter Nos M156/2011 & M157/2011 THE PILBARA INFRASTRUCTURE PTY LTD & ANOR APPELLANTS AND AUSTRALIAN COMPETITION TRIBUNAL & ORS RESPONDENTS Matter No M45/2011 THE NATION...
HIGH COURT OF AUSTRALIA ABT17 AND APPELLANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 Date of Hearing: 6 August 2020 Date of Judgment: 14 October 2020 ORDER Appeal allowed. Set aside the orders of the Federal Court of Australia...
HIGH COURT OF AUSTRALIA GUMMOW ACJ, HIH CLAIMS SUPPORT LIMITED APPELLANT AND INSURANCE AUSTRALIA LIMITED RESPONDENT HIH Claims Support Limited v Insurance Australia Limited [2011] HCA 31 22 August 2011 Appeal dismissed with costs. ORDER On appeal from the Supreme Court of Victoria Representation B W Walker SC with P Ku...
HIGH COURT OF AUSTRALIA (AN INFANT BY HER NEXT FRIEND AND COMMONWEALTH OF AUSTRALIA & ANOR RESPONDENTS Koroitamana v Commonwealth of Australia [2006] HCA 28 14 June 2006 ORDER Special leave to appeal granted. Appeal treated as instituted and heard instanter but dismissed with costs. On appeal from the Federal Court of ...
HIGH COURT OF AUSTRALIA AND THE QUEEN RESPONDENT Buckley v The Queen [2006] HCA 7 8 March 2006 ORDER 1. Appeal allowed. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 7 May 2004. 3. Remit the matter to the Court of Appeal of the Supreme Court of Queensland for further considerat...
HIGH COURT OF AUSTRALIA MINISTER FOR IMMIGRATION AND BORDER PROTECTION APPELLANT AND LIKUMBO MAKASA RESPONDENT Minister for Immigration and Border Protection v Makasa [2021] HCA 1 Date of Hearing: 12 November 2020 Date of Order: 12 November 2020 Date of Publication of Reasons: 3 February 2021 ORDER Appeal dismissed wit...
HIGH COURT OF AUSTRALIA BRF038 AND APPELLANT THE REPUBLIC OF NAURU RESPONDENT BRF038 v The Republic of Nauru [2017] HCA 44 18 October 2017 ORDER Appeal allowed with costs. Set aside the order made by the Supreme Court of Nauru on 22 February 2017, and in its place order that: the decision of the Refugee Status Review T...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2019] HCA 5 13 February 2019 ORDER Appeal allowed. Set aside the order made by the Court of Criminal Appeal of the Supreme Court of New South Wales on 8 December 2017 and, in its place, order that: the appellant's appeal to that Court be allowed; the appellant...
HIGH COURT OF AUSTRALIA SPRINGFIELD LAND CORPORATION (NO 2) PTY LTD & ANOR APPELLANTS AND STATE OF QUEENSLAND & ANOR RESPONDENTS Springfield Land Corporation (No 2) Pty Ltd v Queensland [2011] HCA 15 11 May 2011 Appeal dismissed with costs. ORDER On appeal from the Supreme Court of Queensland Representation D F Jackson...
HIGH COURT OF AUSTRALIA AUSTRALIAN COMPETITION AND CONSUMER COMMISSION APPELLANT AND BAXTER HEALTHCARE PTY LIMITED & ORS RESPONDENTS Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited [2007] HCA 38 29 August 2007 1. Appeal allowed. ORDER Set aside the orders of the Full Court of the Federal ...
HIGH COURT OF AUSTRALIA Matter No S43/2019 THE QUEEN AND Matter No S44/2019 THE QUEEN AND APPELLANT RESPONDENT APPELLANT RESPONDENT Matter No S45/2019 THE QUEEN AND APPELLANT RESPONDENT The Queen v A2 The Queen v Magennis The Queen v Vaziri [2019] HCA 35 16 October 2019 S43/2019, S44/2019 & S45/2019 ORDER Matter No S43...
HIGH COURT OF AUSTRALIA MWJ AND THE QUEEN APPELLANT RESPONDENT [2005] HCA 74 7 December 2005 ORDER Appeal dismissed. On appeal from the Supreme Court of South Australia Representation: P J L Rofe QC with S C Ey for the appellant (instructed by Mangan Ey and Associates) P F Muscat for the respondent (instructed by Direc...
HIGH COURT OF AUSTRALIA AUSTRALIAN BROADCASTING CORPORATION APPELLANT AND RESPONDENT Australian Broadcasting Corporation v O'Neill [2006] HCA 46 28 September 2006 ORDER Appeal allowed. Set aside the order of the Full Court of the Supreme Court of Tasmania made on 29 August 2005 and, in its place, order that: the appeal...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2018] HCA 48 17 October 2018 ORDER Appeal dismissed. On appeal from the Supreme Court of South Australia Representation M E Shaw QC with B J Doyle for the appellant (instructed by Caldicott Lawyers) I D Press SC with B Lodge for the respondent (instructed by D...
HIGH COURT OF AUSTRALIA AND THE QUEEN APPELLANT RESPONDENT Leach v The Queen [2007] HCA 3 6 February 2007 ORDER Appeal dismissed. On appeal from the Supreme Court of the Northern Territory Representation I R L Freckelton with R R Goldflam for the appellant (instructed by Legal Aid Commission of the Northern Territory) ...
HIGH COURT OF AUSTRALIA SHOALHAVEN CITY COUNCIL APPELLANT AND FIREDAM CIVIL ENGINEERING PTY LIMITED RESPONDENT Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38 5 October 2011 ORDER Appeal allowed. Set aside the order of the Court of Appeal of the Supreme Court of New South Wales made on 19 ...
HIGH COURT OF AUSTRALIA AND APPELLANT GORDIAN RUNOFF LIMITED (formerly known as GIO INSURANCE LIMITED) & ANOR RESPONDENTS Wilkie v Gordian Runoff Limited [2005] HCA 17 7 April 2005 ORDER Appeal allowed with costs. Set aside order 2 of the orders of the Supreme Court of New South Wales made on 18 November 2003 and in it...
HIGH COURT OF AUSTRALIA ALINTA LGA LIMITED (FORMERLY THE AUSTRALIAN GAS LIGHT COMPANY) & ANOR APPELLANTS AND MINE SUBSIDENCE BOARD RESPONDENT Alinta LGA Limited (Formerly The Australian Gas Light Company) v Mine Subsidence Board [2008] HCA 17 24 April 2008 ORDER Appeal dismissed with costs. On appeal from the Supreme C...
HIGH COURT OF AUSTRALIA Matter No S27/2010 AND APPELLANT STATE RAIL AUTHORITY OF NEW SOUTH WALES KNOWN AS STATE RAIL RESPONDENT Matter No S28/2010 APPELLANT AND STATE RAIL AUTHORITY OF NEW SOUTH WALES KNOWN AS STATE RAIL RESPONDENT Wicks v State Rail Authority of New South Wales Sheehan v State Rail Authority of New So...
HIGH COURT OF AUSTRALIA Matter No S309/2009 JOHN ALEXANDER'S CLUBS PTY LIMITED & ANOR APPELLANTS AND WHITE CITY TENNIS CLUB LIMITED RESPONDENT Matter No S308/2009 WALKER CORPORATION PTY LIMITED APPELLANT AND WHITE CITY TENNIS CLUB LIMITED & ORS RESPONDENTS John Alexander's Clubs Pty Limited v White City Tennis Club Lim...
HIGH COURT OF AUSTRALIA CENTRAL BAYSIDE GENERAL PRACTICE ASSOCIATION LIMITED FORMERLY KNOWN AS CENTRAL BAYSIDE DIVISION OF GENERAL PRACTICE LIMITED APPELLANT AND COMMISSIONER OF STATE REVENUE RESPONDENT Central Bayside General Practice Association Limited v Commissioner of State Revenue [2006] HCA 43 31 August 2006 ORD...
HIGH COURT OF AUSTRALIA Matter No P40/2007 APPELLANT AND IRELAND & ANOR RESPONDENTS Matter No P41/2007 AND APPELLANT REPUBLIC OF HUNGARY & ORS RESPONDENTS Matter No S410/2007 APPLICANT AND UNITED STATES OF AMERICA & ANOR RESPONDENTS Zentai v Republic of Hungary Williams v United States of America [2008] HCA 14 23 April...
HIGH COURT OF AUSTRALIA MEMBERS OF THE YORTA YORTA ABORIGINAL COMMUNITY APPELLANT AND STATE OF VICTORIA & ORS RESPONDENTS Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 12 December 2002 Appeal dismissed with costs. ORDER On appeal from the Federal Court of Australia Representation: N J Young Q...
HIGH COURT OF AUSTRALIA Matter No S233/2008 AND THE QUEEN Matter No S236/2008 APPELLANT RESPONDENT APPELLANT AND THE QUEEN RESPONDENT Mas Rivadavia v The Queen [2008] HCA 52 Date of order: 3 September 2008 Date of publication of reasons: 6 November 2008 S233/2008 & S236/2008 Matter No S233/2008 ORDER The appeal be allo...
HIGH COURT OF AUSTRALIA AND APPELLANT SCENIC TOURS PTY LTD RESPONDENT Moore v Scenic Tours Pty Ltd [2020] HCA 17 Date of Hearing: 11 February 2020 Date of Judgment: 24 April 2020 ORDER Appeal allowed. Set aside order 5 of the orders made by the Court of Appeal of the Supreme Court of New South Wales on 24 October 2018 ...
HIGH COURT OF AUSTRALIA KETTERING PTY LTD APPELLANT AND NOOSA SHIRE COUNCIL RESPONDENT Kettering Pty Ltd v Noosa Shire Council [2004] HCA 33 23 June 2004 B52/2003 and B53/2003 ORDER Matter No B52/2003 Appeal allowed with costs; The order of the Court of Appeal of Queensland dated 8 February 2002 is set aside, and in pl...
HIGH COURT OF AUSTRALIA APPELLANT AND BOYLAN NOMINEES PTY LIMITED T/AS QUIRKS REFRIGERATION RESPONDENT Sweeney v Boylan Nominees Pty Limited [2006] HCA 19 16 May 2006 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation: D F Jackson QC with M J Ward for the appellant (in...
HIGH COURT OF AUSTRALIA APPLICANT AND COMMONWEALTH OF AUSTRALIA RESPONDENT Spencer v Commonwealth of Australia [2010] HCA 28 1 September 2010 ORDER Special leave to appeal granted. Appeal treated as instituted and heard instanter and allowed with costs. The orders of the Full Court of the Federal Court of Australia mad...
HIGH COURT OF AUSTRALIA APPELLANTS AND LACHLAN ELDER REALTY PTY LIMITED RESPONDENT Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60 2 December 2004 ORDER 1. Appeal and cross-appeal dismissed. 2. Appellants to pay respondent's costs. 3. Renewed application by Robert Edward Harkins for special leave to appeal fro...
HIGH COURT OF AUSTRALIA APPELLANT AND THE STATE OF WESTERN AUSTRALIA & ANOR RESPONDENTS Garlett v Western Australia [2022] HCA 30 Date of Hearing: 10 & 11 March 2022 Date of Judgment:7 September 2022 ORDER The part of the appeal pending in the Court of Appeal of the Supreme Court of Western Australia removed into the H...
HIGH COURT OF AUSTRALIA WINGFOOT AUSTRALIA PARTNERS PTY LTD & ANOR APPELLANTS AND EYUP KOCAK & ORS RESPONDENTS Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 30 October 2013 ORDER Appeal allowed. Set aside orders 1, 2 and 3 of the Court of Appeal of the Supreme Court of Victoria made on 23 October 2012 and, ...
HIGH COURT OF AUSTRALIA ALAN GRIFFITHS ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES AND ANOR APPELLANTS AND MINISTER FOR LANDS, PLANNING AND ENVIRONMENT AND ANOR RESPONDENTS Griffiths v Minister for Lands, Planning and Environment [2008] HCA 20 15 May 2008 ORDER Appeal dismissed. Appellants to pay the costs of the f...
HIGH COURT OF AUSTRALIA APPELLANT AND OVERSEAS PROJECTS CORPORATION OF VICTORIA LTD & ANOR RESPONDENTS Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54 29 September 2005 ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Supreme Court of Western Australia made on 3 May 2...
HIGH COURT OF AUSTRALIA STATE OF NEW SOUTH WALES APPELLANT AND RESPONDENT New South Wales v Bujdoso [2005] HCA 76 8 December 2005 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation: M G Sexton SC, Solicitor-General for the State of New South Wales with P R Sternberg fo...
HIGH COURT OF AUSTRALIA Matter No M144/2006 LEMALUOFUIFATU ALIPAPA TOFILAU APPELLANT AND THE QUEEN Matter No M145/2006 RESPONDENT APPELLANT AND THE QUEEN Matter No M146/2006 AND THE QUEEN Matter No M147/2006 RESPONDENT APPELLANT RESPONDENT APPELLANT AND THE QUEEN RESPONDENT Tofilau v The Queen Marks v The Queen Hill v ...
HIGH COURT OF AUSTRALIA RADIO 2UE SYDNEY PTY LTD APPELLANT AND RAY CHESTERTON RESPONDENT Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16 22 April 2009 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation R G McHugh SC with J Chambers for the appellant (instructed by...
HIGH COURT OF AUSTRALIA PLAINTIFFS AND AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION & ORS DEFENDANTS Forge v Australian Securities and Investments Commission [2006] HCA 44 5 September 2006 ORDER The First and Second Defendants' Demurrers to the Statement of Claim dated 12 April 2005 are allowed. Judgment for the De...
HIGH COURT OF AUSTRALIA APPLICANT AND THE STATE OF NEW SOUTH WALES RESPONDENT Beckett v New South Wales [2013] HCA 17 8 May 2013 ORDER Special leave to appeal granted. The appeal be treated as instituted and heard instanter and allowed with costs. Set aside that part of order (b) of the Court of Appeal of the Supreme C...
HIGH COURT OF AUSTRALIA STATE OF NEW SOUTH WALES APPELLANT AND RESPONDENT New South Wales v Robinson [2019] HCA 46 Date of Hearing: 3 September 2019 Date of Judgment: 4 December 2019 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation J K Kirk SC with P D Herzfeld for t...
HIGH COURT OF AUSTRALIA APPELLANT AND RESPONDENT [2014] HCA 19 16 May 2014 ORDER Appeal dismissed with costs. On appeal from the Supreme Court of New South Wales Representation N C Hutley SC with J C Giles for the appellant (instructed by Henry Davis York Lawyers) H K Insall SC with D F C Thomas for the respondent (ins...
HIGH COURT OF AUSTRALIA THORNE AND APPELLANT RESPONDENT Thorne v Kennedy [2017] HCA 49 8 November 2017 ORDER Appeal allowed. Set aside the orders of the Full Court of the Family Court of Australia made on 26 September 2016 and, in their place, order that the appeal to that Court be dismissed with costs. The respondent ...
HIGH COURT OF AUSTRALIA COMPTROLLER-GENERAL OF CUSTOMS APPELLANT AND PHARM-A-CARE LABORATORIES PTY LTD RESPONDENT Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2020] HCA 2 Date of Hearing: 17 October 2019 Date of Judgment: 5 February 2020 Appeal dismissed. ORDER On appeal from the Federal Court of...
HIGH COURT OF AUSTRALIA THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA APPELLANT AND RELIANCE CARPET CO PTY LIMITED RESPONDENT Commissioner of Taxation v Reliance Carpet Co Pty Limited [2008] HCA 22 22 May 2008 ORDER Appeal allowed. Set aside orders 1 and 2 of the orders of the Full Court of the Federal ...
HIGH COURT OF AUSTRALIA Matter No M27/2020 MINISTER FOR HOME AFFAIRS & ORS APPELLANTS AND FOR DLZ18 & ANOR RESPONDENTS Matter No M28/2020 MINISTER FOR HOME AFFAIRS & ANOR APPELLANTS AND MARIE THERESA ARTHUR AS LITIGATION REPRESENTATIVE FOR BXD18 RESPONDENT Matter No M29/2020 MINISTER FOR HOME AFFAIRS & ANOR APPELLANTS ...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT [2017] HCA 18 10 May 2017 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation G R James QC with P D Lange and M G Coroneos for the appellant L A Babb SC with H Baker and B K Baker for the respondent (instructed by Solicito...
HIGH COURT OF AUSTRALIA APPELLANT AND THE QUEEN RESPONDENT Markarian v The Queen [2005] HCA 25 18 May 2005 ORDER Appeal allowed. Set aside the sentence and orders of the Court of Criminal Appeal of the Supreme Court of New South Wales. Remit the matter to the Court of Criminal Appeal of the Supreme Court of New South W...
HIGH COURT OF AUSTRALIA GUMMOW ACJ CONCRETE PTY LIMITED APPELLANT AND PARRAMATTA DESIGN & DEVELOPMENTS PTY LIMITED & ANOR RESPONDENTS Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006] HCA 55 6 December 2006 ORDER Appeal allowed with costs. Set aside the orders made by the Full Court of the Federal ...
HIGH COURT OF AUSTRALIA PROBUILD CONSTRUCTIONS (AUST) PTY LTD APPELLANT AND SHADE SYSTEMS PTY LTD & ANOR RESPONDENTS Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 14 February 2018 ORDER Appeal dismissed. On appeal from the Supreme Court of New South Wales Representation B W Walker SC with S...
HIGH COURT OF AUSTRALIA FARAH CONSTRUCTIONS PTY LTD & ORS APPELLANTS AND SAY-DEE PTY LTD RESPONDENT Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 24 May 2007 S347/2006 & S461/2006 ORDER Appeal allowed. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 21 December ...
HIGH COURT OF AUSTRALIA AND PLAINTIFF THE STATE OF VICTORIA & ANOR DEFENDANTS [2017] HCA 29 17 August 2017 ORDER The questions stated by the parties in the amended special case dated 17 February 2017 and referred for consideration by the Full Court be answered as follows: Question (a) Is s 74AA of the [Corrections Act ...
HIGH COURT OF AUSTRALIA TIAN ZHEN ZHENG APPLICANT AND DEJU CAI RESPONDENT Zheng v Cai [2009] HCA 52 9 December 2009 ORDER Special leave to appeal granted. Appeal treated as instituted and heard instanter and allowed with costs. Set aside orders 1, 2, 3 and 4 of the orders of the Court of Appeal of the Supreme Court of ...
HIGH COURT OF AUSTRALIA APPLICANT AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 8 May 2003 ORDER Application dismissed. On appeal from the Federal Court of Australia Representation: S Dranichnikov appeared in person J A ...
HIGH COURT OF AUSTRALIA Matter No S35/2021 AHYA-UD-DIN ARSALAN APPELLANT AND Matter No S36/2021 AND AZAD CASSIM RESPONDENT APPELLANT RESPONDENT [2021] HCA 40 Date of Hearing: 8 September 2021 Date of Judgment: 8 December 2021 S35/2021 & S36/2021 ORDER Matter No S35/2021 Vary order 6 of the orders of the Court of Appeal...
HIGH COURT OF AUSTRALIA ROADS AND TRAFFIC AUTHORITY OF NSW APPELLANT AND PHILIP JAMES DEDERER & ANOR RESPONDENTS Roads and Traffic Authority of NSW v Dederer [2007] HCA 42 30 August 2007 ORDER Appeal allowed. The first respondent to pay the appellant's costs. Set aside orders 4, 5, 6 and 7 of the Court of Appeal of the...
HIGH COURT OF AUSTRALIA HUTCHISON 3G AUSTRALIA PTY LTD APPELLANT AND CITY OF MITCHAM & ORS RESPONDENTS Hutchison 3G Australia Pty Ltd v City of Mitcham [2006] HCA 12 6 April 2006 ORDER Appeal allowed. Set aside so much of the order of the Full Court of the Supreme Court of South Australia made on 11 March 2005 as answe...
HIGH COURT OF AUSTRALIA APPELLANT AND DYCO HOTELS PTY LIMITED ATF THE PARRAS FAMILY TRUST & ORS RESPONDENTS Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 Date of Hearing: 9 December 2022 Date of Judgment: 8 March 2023 ORDER The appeal be allowed with costs. The orders of the Court of Appeal ...
HIGH COURT OF AUSTRALIA APPELLANT AND WESTPAC BANKING CORPORATION LIMITED & ANOR RESPONDENTS Aktas v Westpac Banking Corporation Limited [2010] HCA 25 4 August 2010 ORDER Appeal allowed. Set aside Order 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 9 February 2009 and in its pla...