Helljay Investments Pty Ltd v Deputy Commissioner of Taxation

[1999] HCA 56
Judgment date
Case number
S18/1999
Before
Hayne J
Catchwords

High Court – Practice and procedure – Removal of causes – Points raised in application not arguable.

Constitutional law – Sovereignty – Whether certain legislation invalid due to a "break in sovereignty".

Practice and procedure – Costs – Award – Jurisdiction against non-party – Indemnity costs where application obviously untenable.

Courts and judges – Bias – Prejudgment of legal issues – Legal issues similar to those in case previously decided by judge – No grounds for reasonable suspicion that a proper hearing would not be obtained.

The Constitution, covering cl 5, s 44(i).

Corporations Law, s 471A(1).

Judiciary Act 1903 (Cth), ss 40, 78B.