High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2021] HCAB 9 (12 November 2021)
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 |
| Park v The Queen | Criminal Law |
| The Queen v Rolfe | Criminal Law |
| Hofer v The Queen | Criminal Practice |
| Hamilton (a pseudonym) v The Queen | Criminal Practice |
| Addy v Commissioner of Taxation | Income Tax |
| Sunland Group Limited v Gold Coast City Council | Local Government |
3: Cases Reserved
| Case | Title |
| Wells Fargo Trust Company, National Association (As Owner Trustee) & Anor v VB Leaseco Pty Ltd (Administrators Appointed) & Ors | Aviation |
| Orreal v The Queen | Criminal Law |
| NSW Commissioner of Police v Cottle & Anor | Industrial Law |
| Commissioner of Taxation v Carter & Ors | Taxation |
| Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited | Torts |
4: Original Jurisdiction
| Case | Title |
| Delil Alexander (by his litigation guardian Berivan Alexander) v Minister for Home Affairs & Anor | Constitutional Law |
5: Section 40 Removal
6: Special Leave Granted
| Case | Title |
| Hill v Zuda Pty Ltd as Trustee for The Holly Superannuation Fund & Ors | Superannuation |
7: Cases Not Proceeding or Vacated
8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2021 sittings.
Criminal Law
Park v The Queen
S61/2021: [2021] HCA 37
Judgment delivered: 10 November 2021
Coram: Kiefel CJ, Gageler, Keane, Edelman and Gleeson JJ
Catchwords:
Criminal law – Sentence – Plea of guilty – Where appellant sentenced in District Court of New South Wales for multiple offences including taking a conveyance without consent of owner contrary to s 154A(1)(a) of Crimes Act 1900 (NSW) ("offence") – Where maximum penalty for offence five years' imprisonment – Where offence dealt with as a "related offence" under s 165 of Criminal Procedure Act 1986 (NSW) – Where sentencing court subject to jurisdictional limit of two years' imprisonment for offence – Where s 22(1) of Crimes (Sentencing Procedure) Act 1999 (NSW) provided sentencing court may impose lesser penalty than it would otherwise have imposed but for plea of guilty – Where sentencing judge awarded 25% discount for guilty plea for offence – Where indicative sentence of two years and eight months' imprisonment exceeded jurisdictional limit – Whether sentence that court "would otherwise have imposed" can exceed jurisdictional limit.
Words and phrases – "aggregate sentence", "appropriate sentence", "discount to the sentence", "guilty plea", "indicative sentence", "jurisdictional limit", "lesser penalty than it would otherwise have imposed", "maximum penalty", "plea of guilty", "sentence in excess of the jurisdictional limit".
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CaseChat Overview and Summary
In other cases, the High Court of Australia reserved several cases for hearing, granted special leave to appeal in some cases, and refused special leave to appeal in other cases. For example, in Wells Fargo Trust Company, National Association (As Owner Trustee) v VB Leaseco Pty Ltd (Administrators Appointed) & Ors, the court reserved the case for hearing to determine whether the respondents failed to “give possession” of the aircraft engines. In Citta Hobart Pty Ltd & Anor v Cawthorn, the court granted special leave to appeal to determine whether the Full Court applied the correct test as to the jurisdiction of the State Tribunal. In Kozarov v State of Victoria, the court granted special leave to appeal to determine whether the Court of Appeal erred in failing to consider the injury caused by the return to work after February 2012. In contrast, in WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor, the court refused special leave to appeal.
Overall, the High Court of Australia's recent decisions cover a range of legal issues, from sentencing and defences to tax and local government. The court's reasoning and outcome in each case demonstrate its commitment to ensuring justice is served in a fair and equitable manner.
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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