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High Court Bulletin

Produced by the High Court of Australia Library

[2010] HCAB 6 (5 July 2010)

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 Dismissed

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the June 2010 sittings.

Dupas v The Queen

High Court of Australia: [2010] HCA 20.

Judgment delivered: 16 June 2010.

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

Appealed from Vic SC (CA): [2009] VSCA 202.

Hogan v Australian Crime Commission & Ors

High Court of Australia: [2010] HCA 21.

Judgment delivered: 16 June 2010.

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

Appealed from FCA FC: [2009] FCAFC 71.

Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales

High Court of Australia: [2010] HCA 22.

Judgment delivered: 16 June 2010.

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

Appealed from NSW SC (CA): [2009] NSWCA 261.

Saeed v Minister for Immigration and Citizenship

High Court of Australia: [2010] HCA 23.

Judgment delivered: 23 June 2010.

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

Appealed from FCA FC: [2009] FCAFC 41; (2009) 176 FCR 53; (2009) 108 ALD 4.

Osland v Secretary to the Department of Justice

High Court of Australia: [2010] HCA 24.

Judgment delivered: 23 June 2010.

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

Appealed from Vic SC (CA): [2009] VSCA 69; (2009) 254 ALR 590.

2: Cases Reserved

The following cases have been reserved or part heard for judgment by the High Court of Australia.

**** Indicates cases reserved or part heard for judgment since High Court Bulletin 5 [2010] HCAB 5.

Banking and Finance

See Restitution: Heperu Pty Ltd & Ors v Perpetual Trustees Australia Ltd.

Bankruptcy

CGU Insurance Ltd v One.Tel Ltd (In Liquidation) & Ors

S78/2010: [2010] HCATrans 123.

Date heard: 20 May 2010 — Judgment reserved.

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

Catchwords:

Bankruptcy — Deed of arrangement — Termination of deed of arrangement — Maintenance of proceedings after termination of deed of arrangement — Third Respondent executed deed of arrangement, pursuant to Pt X of the Bankruptcy Act 1966 (Cth), with Second Respondent trustee assigning debtor’s rights under a company directors’ liability insurance policy — Whether trustee proceedings when deed of arrangement was terminated — Bankruptcy Act 1966 (Cth), ss 224, 276 — Conveyancing Act 1919 (NSW), s 12.
Bankruptcy — Deed of arrangement — Assignments — Chose in action — Whether the assignment was absolute with respect to…

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: [2010] HCAB 6
Decision Date

CaseChat Overview and Summary

In the case of Saeed v Minister for Immigration and Citizenship, the High Court of Australia considered the meaning and application of "injury" under the Motor Accidents Compensation Act 1999 (NSW). The central issue was whether an injury must be sustained during and at the same time of the events listed in the Act. The Court found that the injury in question was a result of, and caused during, the accident. The decision hinged on the interpretation of the statutory definition of "injury" and the temporal connection between the events leading to the injury. The Court held that the injury was indeed sustained during and as a result of the accident, affirming the broader interpretation of the statutory definition.

The High Court of Australia dismissed an appeal in the case of Commissioner of State Taxation v Cyril Henschke Pty Ltd & Ors. The primary issue was whether a deed of retirement effected a conveyance of a partner's interest in the goodwill of the continuing partners, thereby subjecting it to stamp duty. The Court found that the deed did not effect a conveyance within the meaning of the Stamp Duties Act 1923 (SA). Instead, it converted the equitable chose in action into an entitlement to payment of a specific amount, which did not constitute a sale subject to stamp duty. The decision was based on the interpretation of the statutory provisions and the nature of the transaction under the deed.

Orders