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High Court Bulletin

Produced by the High Court of Australia Library

[2010] HCAB 5 (4 June 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 May 2010 sittings.

Ansari v The Queen; Ansari v The Queen

High Court of Australia: [2010] HCA 18.

Judgment delivered: 26 May 2010.

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

Appealed from NSW SC (CCA): [2007] NSWCCA 204.

E & J Gallo Winery v Lion Nathan Australia Pty Ltd

High Court of Australia: [2010] HCA 15.

Judgment delivered: 19 May 2010.

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

Appealed from FCA FC: [2009] FCAFC 27.

John Alexander’s Clubs Pty Ltd & Anor v White City Tennis Club Ltd; Walker Corporation Pty Ltd v White City Tennis Club Ltd & Ors

High Court of Australia: [2010] HCA 19.

Judgment delivered: 26 May 2010.

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

S309/2009 appealed from NSW SC (CA): [2009] NSWCA 114.
S308/2009 appealed from NSW SC (CA): [2009] NSWCA 194.

Minister for Immigration and Citizenship v SZMDS & Anor

High Court of Australia: [2010] HCA 16.

Judgment delivered: 26 May 2010.

Coram: Gummow ACJ, Heydon, Crennan, Kiefel and Bell JJ.

Appealed from FCA: [2009] FCA 210.

Republic of Croatia v Snedden

High Court of Australia: [2010] HCA 14.

Judgment delivered: 19 May 2010.

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

Appealed from FCA FC: [2009] FCAFC 111; (2009) 178 FCR 546.

The Queen v LK; The Queen v RK

High Court of Australia: [2010] HCA 17.

Judgment delivered: 26 May 2010.

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

Appealed from NSW SC (CCA): [2008] NSWCCA 338.

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 4 [2010] HCAB 4.

Administrative Law

Osland v Secretary to the Department of Justice

M11/2010: [2010] HCATrans 91; [2010] HCATrans 93.

Date heard: 14-15 April 2010 — Judgment reserved.

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

Catchwords:

Administrative law — Freedom of information — Exempt documents — Appellant, convicted of murdering husband, unsuccessfully submitted Petition for Mercy to Attorney-General — Announcement of Attorney-General’s decision did not refer to all legal advice received — Appellant sought access to legal advice referred to — Section 50(4) of the Freedom of Information Act 1982 (Vic) (“

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 5
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard and delivered judgments in several cases during May 2010, including the appeal of Ansari v The Queen. The central issue in this case was whether the trial judge erred in denying the appellant's application for a permanent stay of trial, given the adverse pre-trial publicity about his previous convictions for murder. The Court held that the trial judge did not err in denying the application, as the case did not meet the threshold for an extreme or singular case warranting a permanent stay. The Court found that the appellant's right to a fair trial was not compromised and dismissed the appeal. The final order was that the appeal be dismissed.

Orders