High Court Bulletin
[2024] HCAB 9 (27 November 2024)
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
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor
Constitutional law RC v The Salvation Army (Western Australia) Property Trust
Courts Willmot v The State of Queensland
Courts Capic v Ford Motor Company of Australia Pty Ltd ACN 004 116 223
Damages Williams & Anor v Toyota Motor Corporation Australia Limited (ACN 009 686 097); Toyota Motor Corporation Australia Limited (ACN 009 686 097) v Williams & Anor
Damages Bird v DP (a pseudonym)
Torts 3: Cases Reserved
Case
Title
Lendlease Corporation Limited ACN 000 226 228 & Anor v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund & Anor
Civil procedure
CZA19 v Commonwealth of Australia & Anor
Constitutional law
DBD24 v Minister for Immigration and Multicultural Affairs & Anor
Constitutional law
The King v ZT
Criminal law
Minister for Immigration and Multicultural Affairs & Ors v MZAPC
Immigration
Stuart & Ors v State of South Australia & Ors
Native title
Bogan & Anor v The Estate of Peter John Smedley (Deceased) & Ors
Practice and procedure
4: Original Jurisdiction
Case
Title
5: Section 40 Removal
Case
Title
6: Special Leave Granted
Case
Title
The King v Batak
Criminal law
The King v Ryan Churchill (a pseudonym)
Criminal law
Valuer-General Victoria v WSTI Properties 490 SKR Pty Ltd
Land valuation
Kain v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Ernst & Young (a Firm) ABN 75 288 172 749 v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Shand v R&B Investments Pty Ltd as trustee for the R&B Penson Fund & OrsRepresentative proceedings
CD & Anor v Director of Public Prosecutions (SA) & Anor
Statutes
Palmanova Pty Ltd v Commonwealth of Australia
Statutes
Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v Stokely-Van Camp, Inc
Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v Stokely-Van Camp, Inc
Commissioner of Taxation v Stokely-Van Camp, IncTaxation
7: Cases Not Proceeding or Vacated
Case
Title
8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2024 sittings.
Constitutional law
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor
S27/2024: [2024] HCA 40Date delivered: 6 November 2024
Coram: Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ
Catchwords:
Constitutional law (Cth) – Judicial power of Commonwealth…
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- Case
- [2024] HCAB 9
- Decision Date
CaseChat Overview and Summary
In the case of RC v The Salvation Army (Western Australia) Property Trust, the issue before the Court was whether the trial of a claim for damages for personal injury for alleged sexual abuse that occurred over 50 years ago should be permanently stayed due to the deaths of the alleged perpetrator and other potential witnesses, and the absence of documentary evidence. The Court had to determine if the continuation of the proceedings would necessarily be unfair, thereby constituting an abuse of process justifying a permanent stay. The legal issues involved the interpretation of the concepts of "abuse of process" and "fair trial," as well as the impact of the absence of key witnesses and documentary evidence on the fairness of the trial. The Court's reasoning and outcome will provide guidance on the circumstances under which a trial may be deemed an abuse of process and permanently stayed, particularly in cases involving historical allegations of sexual abuse where key witnesses have died and documentary evidence is lacking. The decision will also address the rights of the plaintiff to seek redress for historical child sexual abuse claims.
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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