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High Court Bulletin

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

[2022] HCAB 2 (18 March 2022)

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: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case	Title
Wells Fargo Trust Company, National Association (As Owner Trustee) & Anor v VB Leaseco Pty Ltd (Administrators Appointed) & Ors	Aviation
Hobart International Airport Pty Ltd v Clarence City Council & Anor; Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council & Anor	Constitutional Law
Ruddick v Commonwealth of Australia	Constitutional Law
Stubbings v Jams 2 Pty Ltd & Ors	Equity
NSW Commissioner of Police v Cottle & Anor	Industrial Law
H. Lundbeck A/S & Anor v Sandoz Pty Ltd; CNS Pharma Pty Ltd v Sandoz Pty Ltd	Patents

3: Cases Reserved

Case	Title
Nathanson v Minister for Home Affairs & Anor	Administrative Law
Garlett v The State of Western Australia & Anor	Constitutional Law
Thoms v Commonwealth of Australia	Constitutional Law
Hoang v The Queen	Criminal Law
Fairbairn v Radecki	Family Law

4: Original Jurisdiction

5: Section 40 Removal

6: Special Leave Granted

Case	Title
Bryant & Ors as Liquidators of Gunns Limited and Auspine Limited v Badenoch Integrated Logging Pty Ltd	Corporations Law
Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788	Insurance
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents	Intellectual Property
BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs	Migration
Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. & Anor	Private International Law
Electricity Networks Corporation T/as Western Power v Herridge & Ors; Electricity Networks Corporation T/as Western Power v Campbell & Ors; Electricity Networks Corporation T/as Western Power v Campbell & Ors; Electricity Networks Corporation T/as Western Power v Campbell & Ors; Electricity Networks Corporation T/as Western Power v Campbell & Ors; Electricity Networks Corporation T/as Western Power v KP Adams & Ors; Electricity Networks Corporation T/as Western Power v A Adams & Ors; Electricity Networks Corporation T/as Western Power v Powell & Ors; Electricity Networks Corporation T/as Western Power v Campbell & Ors; Electricity Networks Corporation T/as Western Power v Ventia Utility Services Pty Ltd & Ors; Electricity Networks Corporation T/as Western Power v Ventia Utility Services Pty Ltd & Ors; Electricity Networks Corporation T/as Western Power v Ventia Utility Services Pty Ltd & Ors	Torts

7: Cases Not Proceeding or Vacated

Case	Title
Bell v The Queen	Criminal Law

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the March 2022 sittings.

Aviation

Wells Fargo Trust Company, National Association (As Owner Trustee) & Anor v VB…

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: [2022] HCAB 2
Decision Date

CaseChat Overview and Summary

In Wells Fargo Trust Company, National Association (As Owner Trustee) v VB Leaseco Pty Ltd (Administrators Appointed) & Ors, the High Court considered whether the administrators of a company in liquidation were required to provide possession of aircraft engines to the lessor. The Court held that the administrators were required to provide an opportunity to take possession of the aircraft engines in Australia, as this fulfilled the obligation to give possession under Art XI(2) of the Protocol. In Hobart International Airport Pty Ltd v Clarence City Council & Anor; Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council & Anor, the Court held that the councils did not have standing to seek a declaration regarding the proper construction of the lease agreements and the obligations of the lessees to make payments to the councils. In Ruddick v Commonwealth of Australia, the Court held that the amendments to the Commonwealth Electoral Act 1918 did not preclude the direct choice by the people of senators and members of the House of Representatives, and did not infringe the implied freedom of communication on government or political matters. In Stubbings v Jams 2 Pty Ltd & Ors, the Court held that the respondents acted unconscionably in seeking to enforce rights against the appellant. In NSW Commissioner of Police v Cottle & Anor, the Court held that the Industrial Relations Commission of New South Wales had jurisdiction to hear and determine the application for unfair dismissal. In H. Lundbeck A/S & Anor v Sandoz Pty Ltd; CNS Pharma Pty Ltd v Sandoz Pty Ltd, the Court held that the exclusive licensee had rights to bring infringement proceedings under s 79 of the Patents Act 1990 for acts done during the extended term of the patent.

Orders