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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library

[2011] HCAB 07 (15 September 2011)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused

Summary of New Entries

1: Cases Handed Down

Case	Title
Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 by his Litigation Guardian, Plaintiff M70/2011 v Minister for Immigration and Citizenship	Citizenship and Migration
Jemena Asset Management (3) Pty Ltd v Coinvest Limited	Constitutional Law
Momcilovic v The Queen	Constitutional Law
HIH Claims Support Limited v Insurance Australia Limited	Equity

2: Cases Reserved

Case	Title
Sportsbet Pty Ltd v State of New South Wales & Ors; Betfair Pty Limited v Racing New South Wales & Ors	Constitutional Law
Hargraves v The Queen; Stoten v The Queen	Criminal Law
Handlen v The Queen; Paddison v The Queen	Criminal Law
BBH v The Queen	Criminal Law
Tasty Chicks Pty Limited & Ors v Chief Commissioner of State Revenue	Taxation and Duties

3: Original Jurisdiction

Case	Title
Shahi v Minister for Immigration and Citizenship	Citizenship and Migration

4: Special Leave Granted

Case	Title
Aytugrul v The Queen	Criminal Law
Baiada Poultry Pty Ltd v The Queen	Criminal Law
Bui v Director of Public Prosecutions (Cth)	Criminal Law
King v The Queen	Criminal Law
Harbour Radio Pty Limited v Keysar Trad	Defamation
Papaconstuntinos v Holmes a Court	Defamation
Australian Education Union v General Manager of Fair Work Australia & Ors	Industrial Law
Board of Bendigo Regional Institute of Technical and Further Education v Barclay & Anor	Industrial Law
Australian Native Landscapes Pty Ltd v Minogue & Anor	Torts

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the August—September 2011 sittings.

Citizenship and Migration

Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 by his Litigation Guardian, Plaintiff M70/2011 v Minister for Immigration and Citizenship
M70/2011; M106/2011: [2011] HCA 32.

Judgment delivered: 31 August 2011.

Coram: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ.

Catchwords:

Citizenship and migration — Migration — Refugees — Plaintiffs "unlawful non-citizens" and "offshore entry persons" under Migration Act 1958 (Cth) — Plaintiffs detained under s 189(3) — Each plaintiff claimed asylum under Refugees Convention — Section 198(2) required officer to remove from Australia unlawful non-citizen in detention where no successful visa application made — Section 198A(1) empowered officer to take offshore entry person from Australia to country declared under s 198A(3) — Section 198A(3) empowered Minister to declare that specified country provides access for asylum-seekers to effective procedures for assessing protection needs, provides protection for asylum-seekers and refugees, and meets relevant human rights standards in providing protection — Whether s 198A only source of power to remove…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] HCAB 7
Decision Date

CaseChat Overview and Summary

Two cases were handed down during the August-September 2011 sittings of the High Court. In Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 by his Litigation Guardian, Plaintiff M70/2011 v Minister for Immigration and Citizenship, the Court held that the Minister for Immigration and Citizenship was not empowered to send two asylum seekers, who had arrived in Australia by boat and were being held in detention, to Malaysia without the approval of the Federal Court. The Court also held that the Minister was not empowered to send the second plaintiff, a non-citizen child, to another country without his written consent. In Jemena Asset Management (3) Pty Ltd v Coinvest Limited, the Court held that a State law was inconsistent with Commonwealth law and invalid to the extent of the inconsistency where the State law imposed a greater burden on a party's ability to exercise a right conferred by Commonwealth law.

Orders