Judgment summaries

Kevin Garry Crump v State of New South Wales

Fri, 4 May 2012 12:00:04 +1000

Today the High Court rejected a challenge to the validity of s 154A of the Crimes (Administration of Sentences) Act 1999 (NSW). The Court unanimously held that s 154A did not impeach, set aside, alter or vary the plaintiff's life sentence.

Australian Education Union v General Manager of Fair Work Australia

Fri, 4 May 2012 11:59:07 +1000

Today the High Court granted the Australian Education Union (“the AEU”) special leave to appeal from a decision of the Full Court of the Federal Court of Australia, but unanimously dismissed the appeal. The AEU had challenged the validity of the registration of the Australian Principals Federation (“the APF”) under the Fair Work (Registered Organisations) Act 2009 (Cth) (“the FW(RO) Act”). The High Court held that, pursuant to s 26A of the FW(RO) Act, the APF is a validly registered organisation.

Australian Securities and Investments Commission v Meredith Hellicar & Ors

Thu, 3 May 2012 10:28:34 +1000

The High Court today held that seven non-executive directors of James Hardie Industries Ltd ("JHIL") each breached his or her duties as a director of the company by approving the company's release of a misleading announcement to the Australian Stock Exchange ("ASX"). The proceedings arose out of the 2001 restructure of the James Hardie group of companies. Two subsidiaries with significant asbestos-related liabilities were "separated" from the group and the Medical Research and Compensation Foundation ("MRCF") was established to fund compensation claims made against the separated companies by people injured by their asbestos products.

Peter James Shafron v Australian Securities and Investments Commission

Thu, 3 May 2012 10:27:36 +1000

The High Court today held that Mr Peter James Shafron, the company secretary and general counsel of James Hardie Industries Ltd ("JHIL"), contravened s 180(1) of the Corporations Act 2001 (Cth) ("the Act") by failing to discharge his duties as an officer of JHIL with the degree of care and diligence that a reasonable person in his position would have exercised. The judgment in this matter should be read with the judgment handed down today in Australian Securities and Investments Commission v Hellicar [2012] HCA 17. This statement should likewise be read with the statement issued concerning that judgment.

Roadshow Films Pty Ltd & Ors v iiNet Limited

Fri, 20 Apr 2012 10:06:29 +1000

Today the High Court dismissed an appeal by a number of film and television companies from a decision of the Full Court of the Federal Court of Australia. The High Court held that the respondent, an internet service provider, had not authorised the infringement by its customers of the appellants' copyright in commercially released films and television programs.

Yusuf Aytugrul v THE QUEEN

Wed, 18 Apr 2012 10:29:56 +1000

Today the High Court dismissed an appeal by the appellant, Yusuf Aytugrul, against his conviction for murder. The Court held unanimously that evidence given at the appellant's trial which expressed results of DNA testing as an exclusion percentage was admissible when accompanied by an equivalent frequency ratio and an explanation of the relationship between the two.

Baiada Poultry Pty Ltd v The Queen

Fri, 30 Mar 2012 08:37:14 +1000

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of Victoria, which had upheld the conviction of Baiada Poultry Pty Ltd ("the appellant") under the Occupational Health and Safety Act 2004 (Vic) ("the OHS Act"). Despite the trial judge failing to properly direct the jury, the Court of Appeal, by majority, had upheld the appellant's conviction on the ground that, pursuant to the "proviso" in s 568(1) of the Crimes Act 1958 (Vic) ("the Crimes Act"), "no substantial miscarriage of justice [had] actually occurred".

Sportsbet Pty Ltd v State of New South Wales & Ors

Fri, 30 Mar 2012 08:36:24 +1000

Today the High Court dismissed an appeal from the Full Court of the Federal Court of Australia, which had held that approvals given to Sportsbet Pty Ltd ("the appellant") by Racing New South Wales and Harness Racing New South Wales ("the respondents") to use race field information for wagers, but only upon payment of fees to the respondents, were validly granted under the Racing Administration Act 1998 (NSW) ("the Racing Act"). The High Court heard this appeal concurrently with that in Betfair Pty Limited v Racing New South Wales [2012] HCA 12.

Betfair Pty Limited v Racing New South Wales & Ors

Fri, 30 Mar 2012 08:35:16 +1000

Today the High Court dismissed an appeal from the Full Court of the Federal Court of Australia, which had held that approvals given to Betfair Pty Limited ("the appellant") by Racing New South Wales and Harness Racing New South Wales ("the respondents") to use race field information for wagers, but only upon payment of fees to the respondents, were validly granted under the Racing Administration Act 1998 (NSW) ("the Racing Act"). The High Court heard this appeal concurrently with that in Sportsbet Pty Ltd v State of New South Wales [2012] HCA 13.

The Commissioner of Taxation of the Commonwealth of Australia v Bargwanna & Bargwanna (As trustees of the Kalos Metron Charitable Trust)

Thu, 29 Mar 2012 11:25:12 +1100

Today the High Court allowed an appeal from the Full Court of the Federal Court of Australia. The High Court held that the respondents' administration of the Kalos Metron Charitable Trust ("the Trust") had not complied with the requirement for tax exemption under s 50-60 of the Income Tax Assessment Act 1997 (Cth) ("the Act") because the fund was not "applied for the purposes for which it was established".

The Queen v Getachew

Wed, 28 Mar 2012 11:24:15 +1100

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of Victoria, which had allowed an appeal by Tomas Getachew ("the accused") against his conviction of one count of rape. The Court of Appeal had allowed the accused's appeal on the ground that the trial judge did not direct the jury to consider the possibility that the accused believed that the complainant was consenting to intercourse, in circumstances where the accused did not lead evidence or assert that he held such a belief.

BBH v The Queen

Wed, 28 Mar 2012 11:23:36 +1100

Today the High Court unanimously granted BBH an extension of time to apply for special leave to appeal against his conviction, and also granted special leave, but a majority of the Court dismissed his appeal. The majority held that certain evidence admitted in proof of the applicant's propensity to commit sexual offences against his daughter was relevant and admissible.

Phonographic Performance Company of Australia Limited & Ors v. Commonwealth of Australia & Ors

Wed, 28 Mar 2012 11:20:59 +1100

Today the High Court dismissed a challenge to the validity of compulsory licensing provisions under ss 109 and 152 of the Copyright Act 1968 (Cth) ("the 1968 Act"). The Court held unanimously that those provisions are not invalid by reason of s 51(xxxi) of the Constitution, which empowers the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms".

Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Haxton; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Bassat; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Cunningham's Warehouse Sales Pty Ltd

Thu, 8 Mar 2012 11:18:57 +1100

Today the High Court, by majority, dismissed five appeals from the Court of Appeal of the Supreme Court of Victoria, which had held that Ian Alexander Haxton, Robert Samuel Bassat and Cunningham's Warehouse Sales Pty Ltd ("the respondents") were not liable to repay funds advanced under loans held by Equuscorp Pty Ltd ("Equuscorp"). Equuscorp was not a party to the original loan agreements with the respondents, but was assigned the loan agreements as an arms length financier.

ALH Group Property Holdings Pty Limited v. Chief Commissioner of State Revenue

Thu, 8 Mar 2012 12:46:00 +1100

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of New South Wales, which had held that ALH Group Property Holdings Pty Limited ("ALH") was not entitled to a refund of stamp duty under s 50(2) of the Duties Act 1997 (NSW) ("the Act"). ALH sought the refund in respect of a cancelled agreement for the purchase of a property at Frenchs Forest, New South Wales.

Strong v. Woolworths Limited T/as Big W and Anor

Wed, 7 Mar 2012 10:20:00 +1100

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of New South Wales, which had dismissed a claim in negligence by the appellant against Woolworths on the basis that the appellant had failed to prove that Woolworths' negligence caused her injuries. The High Court held by majority that, on the balance of probabilities, Woolworths' negligence caused the appellant's injuries.

Kieu Thi Bui v Director of Public Prosecutions for the Commonwealth of Australia

Thu, 9 Feb 2012 10:30:00 +1100

Today the High Court dismissed an appeal from the Court of Appeal of the Supreme Court of Victoria, which held that "double jeopardy" was not to be considered upon an appeal by the Commonwealth Director of Public Prosecutions ("DPP") under the Crimes Act 1914 (Cth) ("Crimes Act").

Amaca Pty Limited (Under NSW Administered Winding Up) v Booth and Anor; and Amaba Pty Limited (Under NSW Administered Winding Up) v Booth and Anor

Wed, 14 Dec 2011 16:54:45 +1100

Today the High Court held that there was sufficient evidence to justify a finding by the Dust Diseases Tribunal of New South Wales that brake linings containing asbestos manufactured by Amaca Pty Ltd and Amaba Pty Ltd caused Mr John Booth's malignant pleural mesothelioma.

Shahi v Minister for Immigration and Citizenship

Wed, 14 Dec 2011 16:18:44 +1100

Today the High Court held that it was not a requirement for the grant of a Global Special Humanitarian visa to the mother of a refugee that the son who proposed her for the visa be under the age of 18 at the time of the decision whether to grant it.

Dale Christopher Handlen v The Queen and Dennis Paul Paddison v The Queen

Thu, 8 Dec 2011 14:29:35 +1100

Today the High Court allowed appeals by Dale Christopher Handlen and Dennis Paul Paddison against the decision of the Court of Appeal of the Supreme Court of Queensland, which had upheld each appellant's convictions for several drug-related offences under the Criminal Code (Cth) ("the Code").

Julian Ronald Moti v The Queen

Wed, 7 Dec 2011 10:44:42 +1100

Today the High Court held that further prosecution of charges against Mr Julian Moti should be stayed as an abuse of process because Australian officials facilitated his deportation from Solomon Islands to Australia knowing that his deportation was, at that time, unlawful under Solomon Islands law.

Brett Andrew Green v The Queen / Shane Darrin Quinn v The Queen

Tue, 6 Dec 2011 14:27:33 +1100

On 3 August 2011 the High Court allowed appeals by Shane Darrin Quinn and Brett Andrew Green against sentences imposed upon them by the Court of Criminal Appeal of New South Wales, and made an order which reinstated the sentences originally imposed by the sentencing judge. Today the Court published its reasons for that order.

Australian Crime Commission v Louise Stoddart and Anor

Wed, 30 Nov 2011 16:44:49 +1100

Today the High Court upheld an appeal by the Australian Crime Commission ("the ACC") against the decision of the Full Court of the Federal Court of Australia, which had granted a declaration that the Australian Crime Commission Act 2002 (Cth) ("the Act") had not abrogated the common law privilege against spousal incrimination. The High Court held that the common law does not recognise a privilege against spousal incrimination.

Adam John Hargraves v The Queen; Daniel Aran Stoten v The Queen

Wed, 26 Oct 2011 10:57:46 +1100

Today the High Court dismissed appeals by Adam John Hargraves and Daniel Aran Stoten against the decision of the Court of Appeal of the Supreme Court of Queensland, which had upheld each appellant's conviction for conspiracy to dishonestly cause a loss to the Commonwealth contrary to s 135.4(3) of the Criminal Code (Cth) ("the Code"). The High Court rejected the appellants' argument that the judge at trial had misdirected the jury by inviting it to assess the appellants' credibility as witnesses by reference to their interests in self-protection.

Commonwealth Director of Public Prosecutions v Malgorzata Barbara Poniatowska

Wed, 26 Oct 2011 10:56:52 +1100

Today the High Court granted special leave to appeal but dismissed an appeal by the Commonwealth Director of Public Prosecutions against the decision of the Full Court of the Supreme Court of South Australia, which had set aside the respondent's convictions under s 135.2(1) of the Criminal Code (Cth) ("the Code").

Tasty Chicks Pty Limited and Ors v Chief Commissioner of State Revenue

Wed, 5 Oct 2011 12:43:57 +1100

Today the High Court held that a review by a judge of the Supreme Court of New South Wales from a decision of the Chief Commissioner of State Revenue ("the Commissioner") disallowing an objection to an assessment for pay-roll tax, was not limited to considering whether the Commissioner had erred on the materials before him and failed to make the objection decision according to law. The High Court allowed an appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales, which had held that the right of review was so limited.

Queanbeyan City Council v ACTEW Corporation LTD and Anor

Wed, 5 Oct 2011 12:43:15 +1100

Today the High Court dismissed an appeal by the Queanbeyan City Council ("Queanbeyan") against a decision of the Full Court of the Federal Court of Australia, which held that water licence fees and a utilities network tax imposed by the Australian Capital Territory ("the Territory") upon ACTEW Corporation Ltd ("ACTEW"), and passed on to Queanbeyan, were not contrary to s 90 of the Constitution. Under s 90 of the Constitution, the power of the Commonwealth Parliament to impose duties of excise is exclusive.

Muldrock v The Queen

Wed, 5 Oct 2011 12:42:47 +1100

Today the High Court allowed an appeal from the Court of Criminal Appeal of the Supreme Court of New South Wales which had increased the non-parole period imposed on a mentally retarded sex offender from 96 days to six years and eight months.

Shoalhaven City Council v Firedam Civil Engineering Pty Limited

Wed, 5 Oct 2011 12:40:43 +1100

Today the High Court held that an expert's determination of issues in dispute between parties to a construction contract was made in accordance with the contract. The High Court allowed an appeal from the Court of Appeal of the Supreme Court of New South Wales which had held that the expert's determination was not binding on the parties because it was internally inconsistent.

Westport Insurance Corporation and Ors v Gordian Runoff Limited

Wed, 5 Oct 2011 12:40:05 +1100

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of New South Wales and reinstated orders of the primary judge setting aside an arbitral award.

Lithgow City Council v Jackson

Wed, 28 Sep 2011 15:04:01 +1000

Today the High Court allowed an appeal against the decision of the Court of Appeal of the Supreme Court of New South Wales which had upheld a claim in negligence by Mr Craig William Jackson against Lithgow City Council.

Roy Morgan Research Pty Ltd v Commissioner of Taxation and Anor

Wed, 28 Sep 2011 15:03:26 +1000

Today the High Court dismissed an appeal by Roy Morgan Research Pty Ltd against the decision of the Full Court of the Federal Court of Australia which had upheld the constitutional validity of the Superannuation Guarantee (Administration) Act 1992 (Cth) ("the Administration Act") and the Superannuation Guarantee Charge Act 1992 (Cth) ("the Charge Act").

Momcilovic v The Queen and Ors

Thu, 8 Sep 2011 15:10:09 +1000

Today the High Court allowed an appeal by Ms Vera Momcilovic against her conviction for drug trafficking contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) ("the Drugs Act"), but held that s 71AC is not invalid under s 109 of the Constitution for inconsistency with the trafficking offence provision of the Criminal Code (Cth).

Jemena Aseet Management (3) Pty Ltd and Ors v Coinvest Limited

Wed, 7 Sep 2011 12:00:00 +1000

Today the High Court dismissed an appeal from a decision of the Full Court of the Federal Court which held that the Construction Industry Long Service Leave Act 1997 (Vic) ("the State Act") was not inconsistent with federal industrial instruments made under the Workplace Relations Act 1996 (Cth) ("the Commonwealth Act") in relation to long service leave ("the federal instruments") within the meaning of s 109 of the Constitution.

Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 by his Litigation Guardian, Plaintiff M70/2011 v Minister for Immigration and Citizenship

Wed, 31 Aug 2011 14:25:05 +1000

Today the High Court held invalid the Minister for Immigration and Citizenship's declaration of Malaysia as a country to which asylum seekers who entered Australia at Christmas Island can be taken for processing of their asylum claims. After an expedited hearing before the Full Bench, the Court by majority made permanent the injunctions that had been granted earlier and restrained the Minister from taking to Malaysia two asylum seekers who arrived at Christmas Island, as part of a larger group, less than four weeks ago.

HIH Claims Support Limited v Insurance Australia Limited

Mon, 22 Aug 2011 14:31:12 +1000

Today the High Court dismissed an appeal by HIH Claims Support Limited ("HCSL") from a decision of the Court of Appeal of the Supreme Court of Victoria. The High Court upheld the Court of Appeal's finding that HCSL was not entitled to equitable contribution from Insurance Australia Limited ("IAL") in respect of amounts HCSL had paid to satisfy certain liabilities incurred by Mr Ronald Steele.

Able Seaman Joseph Anthony Peter Haskins v The Commonwealth of Australia / Paul Nicholas v The Commonwealth of Australia and Anor

Wed, 10 Aug 2011 16:32:54 +1000

Today the High Court held that items 3, 4 and 5 of Schedule 1 to the Military Justice (Interim Measures) Act (No 2) 2009 (Cth) ("the Interim Measures No 2 Act") are valid laws of the Commonwealth Parliament. The High Court also held that the Interim Measures No 2 Act provided lawful authority justifying the detention of Able Seaman Haskins.

Amanda Cush v Meryl Lurline Dillon / Leslie Francis Boland v Meryl Lurline Dillon

Wed, 10 Aug 2011 16:31:36 +1000

Today the High Court dismissed two appeals from the Court of Appeal of the Supreme Court of New South Wales. The appeals were brought by Ms Amanda Cush and Mr Leslie Boland, who claimed to have been defamed by Mrs Meryl Dillon. The Court of Appeal had held that the common law defence of qualified privilege applied to a defamatory statement made by Mrs Dillon unless it could be shown in a new trial that her statement was actuated by malice.

Martin Francis Byrnes and Anor v Clifford Frank Kendle

Wed, 3 Aug 2011 14:52:38 +1000

Today the High Court allowed an appeal from the decision of the Full Court of the Supreme Court of South Australia dismissing a claim by Mr Martin Byrnes and his mother against Mr Clifford Kendle for breach of trust in relation to the renting of a property in Murray Bridge ("the property").

Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd

Wed, 3 Aug 2011 14:52:03 +1000

The High Court today allowed an appeal by Cumerlong Holdings Pty Limited ("the appellant") from a decision of the Court of Appeal of the Supreme Court of New South Wales, which had upheld the decision of Smart AJ of the Supreme Court dismissing the appellant's suit.

Green v The Queen; Quinn v The Queen

Wed, 3 Aug 2011 14:50:48 +1000

On 24 June 2011, the High Court heard appeals by Shane Quinn and Brett Green against sentences imposed upon them by the Court of Criminal Appeal of New South Wales in respect of offences arising out of an enterprise involving the cultivation of cannabis plants.

Today the High Court allowed the appeals by Quinn and Green and made orders reinstating the sentences originally imposed by the sentencing judge.

Wainohu v The State of New South of Wales

Thu, 23 Jun 2011 12:02:14 +1000

The High Court today held the Crimes Criminal Organisations Control) Act 2009 (NSW) ("the Act") invalid.

Dasreef Pty Limited v Hawchar

Wed, 22 Jun 2011 10:44:32 +1000

Today the High Court upheld findings by the Dust Diseases Tribunal of New South Wales ("the Tribunal") and the Court of Appeal of New South Wales that a company (Dasreef Pty Limited) was liable to pay compensation to one of its former workers (Mr Hawchar) for silicosis.

Maurice Blackburn Cashman v Fiona Helen Brown

Wed, 22 Jun 2011 10:42:01 +1000

In the High Court the central issue was whether, as the Court of Appeal held, MBC was precluded either by the Act or by estoppel from contesting in evidence or argument in the County Court the existence and extent of Ms Brown's injury. The High Court held that MBC was not precluded, either under the Act or as a matter of estoppel, from advancing the relevant contentions. Accordingly, the High Court allowed MBC's appeal.

Gary Ernest White v the Director of Public Prosecutions for Western Australia

Wed, 8 Jun 2011 16:59:50 +1000

Today the High Court dismissed an appeal against the decision of the Court of Appeal of the Supreme Court of Western Australia to make a crime-used property substitution declaration under s 22 of the Criminal Property Confiscation Act 2000 (WA) ("Act") in respect of property owned by the appellant.

The Commissioner of Taxation of the Commonwealth of Australia v BHP Billiton Limited and Ors

Wed, 1 Jun 2011 13:13:34 +1000

Today the High Court dismissed appeals by the Commissioner of Taxation against the decision of the Full Federal Court of Australia regarding the construction of s 243-20(2) of the Income Tax Assessment Act 1997 (Cth) ("the Act").

Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed)

Wed, 1 Jun 2011 13:12:57 +1000

The High Court today allowed an appeal brought by the Australian Securities and Investments Commission ("ASIC") against a decision of the Full Court of the Federal Court (North and Siopis JJ, Buchanan J dissenting).

Jemena Gas Networks (NSW) Limited v Mine Subsidence Board

Wed, 1 Jun 2011 13:12:01 +1000

Today the High Court allowed an appeal from the Court of Appeal of the Supreme Court of New South Wales regarding the construction of s 12A(1)(b) of the Mine Subsidence Compensation Act 1961 (NSW).

Insight Vacations Pty Ltd t/as Insight Vacations v Young

Wed, 11 May 2011 13:14:20 +1000

Today the High Court unanimously dismissed an appeal by a tour company against a decision of the Court of Appeal of the Supreme Court of New South Wales upholding the liability of the company for damages for breach of an implied contractual warranty that its services, supplied in this case in Europe, would be rendered with due care and skill.

Springfield Land Corporation (No 2) Pty Ltd and Anor v State of Queensland & Anor

Wed, 11 May 2011 13:13:48 +1000

The High Court today dismissed an appeal brought by Springfield Land Corporation Pty Ltd and Springfield Land Corporation (No 2) Pty Ltd ("the Springfield companies") against a decision of the Queensland Court of Appeal.

Braysich v The Queen

Wed, 11 May 2011 13:13:09 +1000

Today the High Court, by majority, allowed Mr Braysich's appeal.

SKA v The Queen

Wed, 4 May 2011 15:33:20 +1000

Today, the High Court granted special leave on three grounds of appeal.

Roach v The Queen

Wed, 4 May 2011 15:28:05 +1000

Today the High Court dismissed the appeal.

Kuhl v Zurich Financial Services Australia Ltd and Anor

Wed, 4 May 2011 15:22:48 +1000

Today the High Court allowed an appeal against a decision of the Court of Appeal of the Supreme Court of Western Australia and held that Zurich Financial Services Australia Ltd ("Zurich") was liable in negligence to Mr Geoffrey Lawrence Kuhl.

Danelle Evelyn Miller v Maurin Ashton Miller

Thu, 7 Apr 2011 10:32:39 +1000

Today the High Court allowed an appeal against a decision of the Court of Appeal of the Supreme Court of Western Australia regarding the duty of care between joint participants in an illegal enterprise: the use of a stolen car.

Lacey v Attorney-General of Queensland

Thu, 7 Apr 2011 10:32:07 +1000

Today the High Court allowed an appeal against a decision of the Court of Appeal of the Supreme Court of Queensland to increase the sentence imposed on Mr Dionne Matthew Lacey following an appeal by the Attorney-General of Queensland.

Stubley v The State of Western Australia

Wed, 30 Mar 2011 10:31:13 +1000

On 20 October 2010, at the conclusion of the hearing of oral argument on the appeal, the High Court ordered that the appeal of Dr Alan John Stubley against his conviction for various sexual offences be allowed, that his convictions be set aside and that a new trial be held. Today the High Court published its reasons for the making of those orders.

Noelene Margaret Edwards and Ors v Santos Limited and Ors

Wed, 30 Mar 2011 10:30:33 +1000

Today the High Court issued a writ of certiorari to quash decisions of the Federal Court of Australia which had dismissed proceedings instituted by registered native title claimants arising out of negotiations for an Indigenous Land Use Agreement ("ILUA") under the Native Title Act 1993 (Cth) ("the NTA").

Hogan v Hinch

Fri, 11 Mar 2011 10:56:50 +1100

Today the High Court rejected a challenge by Mr Derryn Hinch to the validity of a provision which permitted suppression orders to be made in proceedings under the Serious Sex Offenders Monitoring Act 2005 (Vic) ("the Act"), and which made publication of material contravening those orders an offence.

Leonilda Marcolongo v Yu Po Chen and Anor

Fri, 11 Mar 2011 10:54:45 +1100

Today the High Court allowed an appeal from the New South Wales Court of Appeal and set aside a registered transfer of land from Lym International Pty Limited ("Lym") to Mr Chen by application of s 37A of the Conveyancing Act 1919 (NSW).

British American Tobacco Australia Services Limited v Laurie and Ors

Tue, 1 Mar 2011 13:04:08 +1100

Today the High Court prohibited a judge from hearing proceedings on the basis of a reasonable apprehension of bias, in circumstances where in earlier, unrelated, proceedings, that judge had made findings adverse to one party on an issue that was also likely to arise in the later proceedings.

Minister for Immigration and Citizenship v SZGUR and Anor

Tue, 1 Mar 2011 12:52:52 +1100

Today the High Court allowed an appeal by the Minister against the decision of the Federal Court.