AB v State of Western Australia & Anor; AH v State of Western Australia & Anor [2011] HCATrans 87

In *AB v State of Western Australia & Anor; AH v State of Western Australia & Anor* [2011] HCATrans 87, the High Court of Australia considered applications for special leave to appeal concerning the detention of two individuals, AB and AH, by the State of Western Australia. The core of the dispute revolved around the legality of their continued detention, particularly in light of their alleged mental impairments and the circumstances surrounding their apprehension and confinement.

The primary legal issue before the High Court was whether the applicants had established an arguable case that their detention was unlawful, thereby justifying the grant of special leave to appeal. This involved examining the application of relevant Western Australian legislation governing the detention of individuals with mental impairments, and whether the State had acted within its statutory powers in detaining AB and AH. The applicants contended that their detention was not authorised by law, raising questions about the interpretation and application of the governing statutory provisions.

Hayne and Bell JJ, in their consideration of the special leave applications, focused on whether there was a "fairly arguable" point of law to be considered on appeal. Their Honours noted that the applicants' arguments concerning the lawfulness of their detention, particularly in relation to the statutory framework and the factual circumstances, did not present a sufficiently arguable case to warrant the grant of special leave. The Court ultimately determined that the applications for special leave to appeal should be dismissed.