High Court Bulletin

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High Court Bulletin

Produced by the High Court of Australia Library

[2011] HCAB 01 (24 February 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.

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

A: Summary of New Entries

1: Cases Handed Down

Case

Title

British American Tobacco Australia Services Limited v Laurie & Ors

Courts and Judges

Minister for Immigration & Citizenship v SZGUR & Anor

Immigration

2: Cases Reserved

Case

Title

Shoalhaven City Council v Firedam Civil Engineering Pty Limited

Contracts

Momcilovic v The Queen & Ors

Criminal Law

Westport Insurance Corporation & Ors v Gordian Runoff Limited

Insurance

3: Original Jurisdiction

Case

Title
Haskins v The Commonwealth Constitutional Law

4: Special Leave Granted

Case

Title

Lithgow City Council v Jackson

Evidence

Michael Wilson & Partners Limited v Nicholls & Ors

Practice and Procedure

Australian Education Union v Department of Education and Children's Services

Statutes

Moloney t/as Moloney & Partners v Workers Compensation Tribunal

Statutes

American Express Wholesale Currency Services Pty Ltd v Commissioner of Taxation; American Express International Inc v Commissioner of Taxation

Taxation and Duties

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the January – February 2011 sittings.

Courts and Judges

British American Tobacco Australia Services Limited v Laurie & Ors

S138/2010: [2011] HCA 2.

Judgment delivered: 9 February 2011.

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

Catchwords:

Courts and judges — Bias — Reasonable apprehension of bias by reason of pre-judgment — Where judge previously made finding on same issue in unrelated interlocutory proceeding — Knowledge and characteristics to be attributed to fair-minded lay observer — Whether fair-minded lay observer taken to understand rules of evidence and procedure — Whether later statements of judge in recusal application relevant to fair-minded lay observer's assessment — Livesey v New South Wales Bar Association (1983) 151 CLR 288.

Words and phrases – "fair-minded lay observer", "reasonable apprehension of bias".

Appealed from NSW SC (CA): [2009] NSWCA 414.

Immigration

Minister for Immigration and Citizenship v SZGUR & Anor

S179/2010: [2011] HCA 1.

Judgment delivered: 2 February 2011.

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

Catchwords:

Immigration — Refugees — Review by Refugee Review Tribunal ("RRT") — Where visa applicant's migration agent asked RRT to arrange "independent assessment of [applicant's] mental health, if required" — Section 427(1)(d) Migration Act 1958 (Cth) gave RRT power to require Secretary to arrange for making of medical examination — Whether duty on RRT to consider exercising power under s 427(1)(d) — Whether general duty to inquire.

Words and phrases — "information".

Appealed from FCA: [2010] FCA 171; (2010) 114 ALD 112.

2: Cases Reserved

The following cases have…

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Details
Case
[2011] HCAB 1
Decision Date

CaseChat Overview and Summary

British American Tobacco Australia Services Limited (BATASL) sought to establish that Laurie and others, who were former employees, were biased in their employment claims against BATASL. BATASL alleged that the trial judge had made a finding in an interlocutory proceeding on the same issue, which may have led to a reasonable apprehension of bias. The issue before the High Court was whether the trial judge's prior finding on the same issue in an interlocutory proceeding could have led to a reasonable apprehension of bias by the fair-minded lay observer. The High Court held that the trial judge's prior finding did not give rise to a reasonable apprehension of bias. The High Court found that the fair-minded lay observer would not have been influenced by the trial judge's prior finding, as it was not a determination on the merits of the case. Additionally, the High Court held that the fair-minded lay observer would not have been influenced by the trial judge's later statements in the recusal application. The appeal was dismissed.

Minister for Immigration and Citizenship (the Minister) appealed against the decision of the Federal Court that the Refugee Review Tribunal (RRT) had a duty to consider exercising its power to require the Secretary to arrange for the making of a medical examination of the visa applicant's mental health. The RRT had received a request from the visa applicant's migration agent to arrange an independent assessment of the applicant's mental health. The issue before the High Court was whether the RRT had a duty to consider exercising its power to require the Secretary to arrange for the making of a medical examination of the visa applicant's mental health. The High Court held that the RRT did not have a duty to consider exercising its power to require the Secretary to arrange for the making of a medical examination of the visa applicant's mental health. The High Court found that the RRT was not required to consider exercising its power to require the Secretary to arrange for the making of a medical examination of the visa applicant's mental health. The High Court held that the RRT had a general duty to inquire, but that did not necessarily mean that the RRT was required to consider exercising its power to require the Secretary to arrange for the making of a medical examination of the visa applicant's mental health. The appeal was dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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