High Court Bulletin
[2024] HCAB 8 (31 October 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 |
| SkyCity Adelaide Pty Ltd v Treasurer of South Australia & Anor | Contract |
| HBSY Pty Ltd ACN 151 894 049 v Lewis & Anor | Federal Court of Australia |
| Automotive Invest Pty Limited v Commissioner of Taxation | Statutes |
3: Cases Reserved
| Case | Title |
| JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor | Constitutional law |
| Pearson v Commonwealth of Australia & Ors | Constitutional law |
| Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs | Constitutional law |
| Birketu Pty Ltd ACN 003 831 392 & Anor v Atanaskovic & Ors | Costs |
| Elisha v Vision Australia Limited | Damages |
| Naaman v Jaken Properties Australia Pty Limited ACN 123 423 432 & Ors | Equity |
| Pafburn Pty Limited (ACN 003 485 505) & Anor v The Owners - Strata Plan No 84674 | Torts |
4: Original Jurisdiction
| Case | Title |
| Cherry v State of Queensland | Constitutional law |
| DBD24 v Minister for Immigration & Multicultural Affairs & Anor | Constitutional law |
| Ravbar & Anor v Commonwealth of Australia & Ors | Constitutional law |
5: Section 40 Removal
| Case | Title |
6: Special Leave Granted
| Case | Title |
| Evans & Anor v Air Canada ABN 29094769561 | Aviation law |
| KMD v CEO (Department of Health NT) & Ors | Criminal law |
7: Cases Not Proceeding or Vacated
| Case | Title |
| DBD24 v Minister for Immigration, Citizenship & Multicultural Affairs & Anor | Constitutional law |
8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the October 2024 sittings.
Contract
SkyCity Adelaide Pty Ltd v Treasurer of South Australia & Anor
A10/2024: [2024] HCA 37
Date delivered: 16 October 2024
Coram: Gageler CJ, Gordon, Edelman, Gleeson, and Beech-Jones JJ
Catchwords:
Contract – Interpretation – Relief against penalties – Where appellant operated electronic gaming machines ("EGMs") and automated table games ("ATGs") – Where appellant had "Rewards Program" by which Members received loyalty points – Where Member could "convert" points into electronic gaming credits – Where Member could redeem converted credits for cash under specified circumstances or use converted credits to bet on EGM or ATG – Where Casino Duty Agreement ("CDA") between appellant and Treasurer provides that appellant must pay casino duty in respect of net gambling revenue for financial year – Where CDA defines "net gambling revenue" for period to refer to "gross gambling revenue" – Where CDA defines "gross gambling revenue" to mean "amount received ... for or in respect of consideration for gambling" – Where s 51(1) of Casino Act 1997 (SA) ("Casino Act") provides appellant…
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- Case
- [2024] HCAB 8
- Decision Date
CaseChat Overview and Summary
HBSY Pty Ltd ACN 151 894 049 v Lewis & Anor [2024] HCA 35 was a case involving the jurisdiction of the Federal Court of Australia in relation to an appeal from the New South Wales Supreme Court. The legal issue was whether the Full Court of the Federal Court had jurisdiction to hear and determine an appeal involving a matter arising under the Bankruptcy Act 1966 (Cth). The court held that the Full Court did have jurisdiction, and issued a writ of certiorari quashing the Full Federal Court decision and a writ of mandamus commanding the Full Federal Court to determine the plaintiff's appeal. The first defendant was ordered to pay the plaintiff's costs.
Automotive Invest Pty Limited v Commissioner of Taxation [2024] HCA 36 involved the construction of the term "purpose" within the A New Tax System (Luxury Car Tax) Act 1999 (Cth). The appellant carried on the business of acquiring and selling luxury and collectable cars, displaying them in a car museum to attract purchasers. The legal issue was whether the use of each car for the purpose of display in the museum constituted an additional purpose or an incidental means to an end to the continuing use of the car as trading stock. The court allowed the appeal with costs, holding that the assessment of purpose was objective and that appropriate exclusions were applicable to exclude uses that were merely incidental, subservient, or means to an end to the continuing use of the car as trading stock.
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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