A-G of the Commonwealth of Australia v Alinta Limited

[2007] HCATrans 794

[2007] HCATrans 794

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S331 of 2007

B e t w e e n -

ATTORNEY‑GENERAL OF THE COMMONWEALTH OF AUSTRALIA

Applicant

and

ALINTA LIMITED

First Respondent

TREWAS PTY LIMITED

Second Respondent

TAKEOVERS PANEL

Third Respondent

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

Fourth Respondent

AUSTRALIAN PIPELINE LIMITED (IN ITS CAPACITY AS RESPONSIBLE ENTITY OF AUSTRALIAN PIPELINE TRUST)

Fifth Respondent

Pronouncement of orders

GLEESON CJ
GUMMOW J
KIRBY J
HAYNE J
HEYDON J
CRENNAN J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 13 DECEMBER 2007, AT 10.03 AM

Copyright in the High Court of Australia

__________________

GLEESON CJ:   This appeal was heard in Canberra on 2 and 3 October 2007 by a Court constituted by Justices Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel and myself.  The Court would allow the appeal and make consequential orders.  We are in a position to make those orders now.  Reasons for the decision will be published at a future date.

The orders of the Court are:

1.Appeal allowed.

2.Set aside so much of paragraph 2 of the orders of the Full Court of the Federal Court of Australia made on 30 April 2007 as ordered that there be a declaration that s 657A(2)(b) of the Corporations Act 2001 (Cth) is invalid and, in its place, order that there be a declaration that s 657A(2)(b) of the Corporations Act 2001 (Cth) is not invalid on the ground that it purports to confer the judicial power of the Commonwealth on the Takeovers Panel.

I publish those orders.

AT 10.04 AM THE MATTER WAS CONCLUDED