Bell v Culleton

[2017] HCATrans 217

[2017] HCATrans 217

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P44 of 2016

B e t w e e n -

IAN BRUCE BELL

Plaintiff

and

RODNEY NORMAN CULLETON

Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 24 OCTOBER 2017, AT 10.31 AM

Copyright in the High Court of Australia

HER HONOUR:   On 7 September 2016, the plaintiff filed a writ of summons in which he sought relief pursuant to section 46 of the Constitution and also sought to impugn the validity of certain provisions of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth).

On 15 September 2017, the Attorney‑General of the Commonwealth, as intervener, filed a summons seeking dismissal of the proceeding pursuant to rule 27.09.4 of the High Court Rules 2004 (Cth). The Commonwealth’s summons was heard before me on 19 October 2017. I would dismiss the plaintiff’s writ of summons. I publish my reasons.

The order of the Court is:

1.Pursuant to rule 27.09.4 of the High Court Rules, the writ of summons is dismissed. The plaintiff should pay the defendant’s costs of the proceeding.

I publish that order.  Adjourn the Court.

AT 10.33 AM THE MATTER WAS CONCLUDED