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Harding v Sutton

Harding v Sutton

Case [2021] VSC 741

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AGLC: Harding v Sutton [2021] VSC 741
Case: [2021] VSC 741
Decision Date: 11 November 2021

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Citations

Harding v Sutton [2021] VSC 741

Most Recent Citation

Harding v Sutton (No 2) [2021] VSC 789

Cases Citing This Decision

Johnston & Ors v Carroll (Commissioner of the Queensland Police Service) & Anor; Witthahn & Ors v Wakefield (Chief Executive of Hospital and Health Services and Director General of Queensland Health); Sutton & Ors... [2024] QSC 2
Citation 1

…v Nicholson plc [2010] ICR 360; [2010] 2 All ER 253, considered Griffith University v Tang (2005) 221 CLR 99; [2005] HCA 7, cited Harding v Sutton [2021] VSC 741, considered HJ (a pseudonym) v Independent Broad-Based Anti- Corruption Commission (2021) 64 VR 270; [2021] VSCA 200, cited Hunt & Ors v Gerrard & Ors…
Wilson v State of Victoria [2023] FCAFC 204
Citation 2 (Para 25)

…Harding v Suttion [2021] VSC 741 at [165-168] based on the non-legislative nature of the power conferred under s. 200(1)(d) of the Public Health and Wellbeing Act 2008 (Vic); (b)For the reasons given in paragraph 7 above, the impugned Directions cannot override an Act of Parliament such as the workplace risk mana…
Firth v Tolios [2022] NTLC 25
Citation 3

…l S.A. v Corporation of the City of Adelaide (2013) 249 CLR 1 Kassam v Hazzard [2021] NSWSC 1320 Cotteril v Romanes [2021] VSC 498 Harding v Sutton [2021] VSC 741 REPRESENTATION: Prosecution: Mr Mohammed Defendant:Self Decision category classification: B Decision ID number: [2022] NTLC 025 Number of paragraphs: 8…
Victorian Institute of Technology Pty Ltd v Administrative Appeals Tribunal [2022] FCA 195
Citation 4 (Para 21)

…Fourth, I was referred to the decision of Richards J in Harding v Sutton [2021] VSC 741 which concerned an application for an interlocutory injunction to suspend the operation of mandatory vaccination directions that were given pursuant to various statutes in order to deal with the consequences of the COVID-19 pa…
Phillips v Chief Health Officer [2021] NTSC 97
Citation 5 (Para 31)

…applicable to the exercise of the discretion in SCR 47.04 were set out in Murphy v Victoria (2014) 45 VR 119 at [28] and repeated in Harding v Sutton [2021] VSC 741 at [205]. The rule applicable there was in the same terms as SCR 47.04. The discretion is to be exercised with great caution and a separate trial sho…
Jason Pintley v DP World Sydney Limited [2023] FWC 65
Citation 6 (Para 161)

…ictoria is at least potentially different as regards government mandates, due to that State’s Charter of Rights and Freedoms : see Harding v Sutton [2021] VSC 741 at [161]. The case was never finally determined and there is no such legislation in the jurisdictions presently relevant.…
Tricarico v Victorian Legal Services Board [2025] VSC 189
Citation 7 (Para 1)

…]–[95] (Beazley P, Basten and Payne JJA agreeing); Council of the City of Ryde v Azizi [2019] NSWSC 1605, [171]–[175] (Payne J); Harding v Sutton [2021] VSC 741, [144]–[145] (Richards J). [3]See Harding v Sutton [2021] VSC 741, [144]–[145] (Richards J); cf Celestina v Secretary of the Department of Environment, L…
Re Sparkling Beverages Pty Ltd [2023] VSC 258
Citation 8

…real issues in dispute’. The defendants reminded me that there are cases in which the trial of a separate question furthers this purpose.[38] [36][2021] VSC 741. [37][2014] VSC 238. [38]Citing Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334, [51] (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ); Do…
Abdulrahim v Adult Parole Board [2023] VSC 101
Citation 9 (Para 1)

…45 VR 119, 126 [28], followed or cited with approval in Maclaren v Australia and New Zealand Banking Group Ltd [2022] VSC 662, [17]; Harding v Sutton [2021] VSC 741, [205]; Vicinity Funds RE Ltd v Commissioner of State Revenue [2021] VSC 200, [10]; Hoh v Ying Mui Pty Ltd [2019] VSCA 203, [393].…
Re KA (No 2) [2022] VSC 363
Citation 10 (Para 1)

…am persuaded that his Honour’s decision was plainly wrong.[3] With respect, I am so persuaded for the following reasons. [3]See Harding v Sutton [2021] VSC 741, [209] (Richards J). But see further Anteden Pty Ltd v Glen Eira City Council [1998] VSC 366, [25] (Balmford J); Hicks v Minister for Immigration & Multi…
Harding v Sutton (No 2) [2021] VSC 789
Citation 11 (Para 1)

…o 1 ),[1] my reasons for refusing the interlocutory relief sought by the plaintiffs and the trial of a separate question sought by the defendants. [1][2021] VSC 741 ( Harding No 1 ).…

Cases Cited

Statutory Material Cited

Doyle's Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [2021] NSWCA 246
Citation 1 (Para 1)

…LR 334, [51] (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ); Doyle’s Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [2021] NSWCA 246, [6] (Bell P), [24] (Leeming JA).…
Mackenzie v Head, Transport for Victoria [2021] VSCA 100
Citation 2

…[72] Mackenzie v Head, Transport for Victoria [2021] VSCA 100, [153].…
Murphy v Victoria [2014] VSCA 238
Citation 3 (Para 1)

…ated’. The principles that govern the exercise of the discretion in r 47.04 were summarised by the Court of Appeal in Murphy v Victoria :[67] [67](2014) 45 VR 119, [28] (citations omitted). See also Vale v Daumeke [2015] VSC 342, [31].…
In the matter of an application for bail by PAUL HENDERSON [2008] ACTSC 109
Citation 4

…Charter in relation to the proposed question. [71]There may also be a question whether the principle in Farah Constructions Pty Ltd v Say-dee Pty Ltd (2007) 230 CLR 89, [135] applies here, given that Kerrison involved the interpretation of Victorian legislation, as distinct from Commonwealth legislation or uniform n…
Bonan v Hadgkiss [2007] FCAFC 113
Citation 5 (Para 1)

…reminded me that there are cases in which the trial of a separate question furthers this purpose.[68] [68]Citing Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334, [51] (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ); Doyle’s Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [2021] NSWCA 246…
Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22
Citation 6

…ssion, which has intervened under s 40 of the Charter in relation to the proposed question. [71]There may also be a question whether the principle in Farah Constructions Pty Ltd v Say-dee Pty Ltd (2007) 230 CLR 89, [135] applies here, given that Kerrison involved the interpretation of Victorian legislation, as distinct from Commonwealth legislation o…
Bass v Permanent Trustee Co Ltd [1999] HCA 9
Citation 7 (Para 1)

…sues in dispute’. The defendants reminded me that there are cases in which the trial of a separate question furthers this purpose.[68] [68]Citing Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334, [51] (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ); Doyle’s Farm Produce Pty Ltd v Murray Darling Basin Authority (No 2) [202…
Cotterill v Romanes [2021] VSC 498
Citation 8 (Para 1)

…in people who are infected. Once the virus takes hold in a community, the rate of infection may increase exponentially.[1] [1] Cotterill v Romanes [2021] VSC 498, [1], [13]–[19].…
Vale v Daumeke [2015] VSC 342
Citation 9 (Para 1)

…r 47.04 were summarised by the Court of Appeal in Murphy v Victoria :[67] [67](2014) 45 VR 119, [28] (citations omitted). See also Vale v Daumeke [2015] VSC 342, [31].…

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