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High Court Bulletin

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

[2016] HCAB 9 (28 November 2016)

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 Refused

Summary of New Entries

1: Cases Handed Down

Case	Title
Timbercorp Finance Pty Ltd (In Liquidation) v Collins & Anor; Timbercorp Finance Pty Ltd (In Liquidation) v Tomes	Estoppel
Castle v The Queen; Bucca v The Queen	Criminal Law
Blank v Commissioner of Taxation	Taxation
Bywater Investments Limited & Ors v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation	Taxation
Comcare v Martin	Workers Compensation

2: Cases Reserved

Case	Title
Palmer v Marcus William Ayres, Stephen James Parbery and Michael Andrew Owen in their capacities as liquidators of Queensland Nickel Pty Ltd (in liq) & Ors	Constitutional Law
Ferguson v Marcus William Ayres, Stephen James Parbery and Michael Andrew Owen in their capacities as liquidators of Queensland Nickel Pty Ltd (in liq)	Constitutional Law
RP v The Queen	Criminal Law
Perara-Cathcart v The Queen	Criminal Law
Western Australian Planning Commission v Leith; Western Australian Planning Commission v Southregal Pty Ltd & Anor	Planning

3: Original Jurisdiction

Case	Title
Knight v State of Victoria & Anor	Constitutional Law
Plaintiff A33/2016 v Minister for Immigration and Border Protection	Migration
Te Puia v Minister for Immigration and Border Protection; Graham v Minister for Immigration and Border Protection	Migration
Tangilanu v Minister for Immigration and Border Protection	Migration
Plaintiff M96A/2016 & Anor v The Officer in Charge, Melbourne Immigration Transit Accommodation & Anor	Migration

Court of Disputed Returns

Case	Title
Re Day	Senate Referral
Re Culleton	Senate Referral

4: Special Leave Granted

Case	Title
Transport Accident Commission v Katanas	Compensation
MA v The Queen	Criminal Law
IL v The Queen	Criminal Law
Pickering v The Queen	Criminal Law
The Queen v Dickman	Criminal Law
The Queen v Dookheea	Criminal Law
SZTAL v Minister for Immigration and Border Protection & Anor; SZTGM v Minister for Immigration and Border Protection & Anor	Migration
Talacko v Bennett & Ors	Procedure
Forrest & Forrest Pty Ltd v Wilson & Ors	Statutory Construction
Commissioner of Taxation v Jayasinghe	Taxation

5: Cases Not Proceeding or Vacated

Case	Title
AAR15 v Minister for Immigration and Border Protection	Administrative Law
Van Ryn v The Queen	Criminal Law

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the November 2016 sittings.

Estoppel

Timbercorp Finance Pty Ltd (In Liquidation) v Collins & Anor; Timbercorp Finance Pty Ltd (In Liquidation) v Tomes

M98/2016; M101/2016: [2016] HCA 44

Judgment delivered: 9 November 2016

Coram: French CJ, Kiefel, Keane, Nettle & Gordon JJ

Catchwords:

Estoppel – Anshun estoppel – Where appellant provided loans to investors to fund…

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: [2016] HCAB 9
Decision Date

CaseChat Overview and Summary

The High Court of Australia recently handed down decisions in several cases. In Timbercorp Finance Pty Ltd (In Liquidation) v Collins and Timbercorp Finance Pty Ltd (In Liquidation) v Tomes, the Court dismissed an appeal against a decision that a lender could recover outstanding principal and interest from investors in managed investment schemes, despite a prior unsuccessful group proceeding. The Court held that the defences raised in the recovery proceedings were not precluded by anshun estoppel. In Castle v The Queen and Bucca v The Queen, the Court allowed appeals against murder convictions, finding that the trial judges' summing up and handling of evidence were flawed. In Blank v Commissioner of Taxation, the Court held that a taxpayer's claim to deferred compensation was not income according to ordinary concepts, but a capital gain. In Comcare v Martin, the Court allowed an appeal by an employee who suffered an aggravation of a mental condition in reaction to a perceived consequence of a failure to obtain a promotion, finding that the aggravation was an injury "as a result of" reasonable administrative action.

Orders