High Court Bulletin

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High Court Bulletin

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


[2015] HCAB 6 (25 August 2015)

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

Police v Dunstall

Criminal Law

Smith v The Queen

Criminal Law

Filippou v The Queen

Criminal Law

Tomlinson v Ramsey Food Processing Pty Limited

Estoppel

Ausnet Transmission Group Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia

Taxation

2: Cases Reserved

Case

Title

Wright Prospecting Pty Limited v Mount Bruce Mining Pty Limited & Anor; Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited & Anor

Contracts

PT Bayan Resources TBK v BCBC Singapore Pte Ltd & Ors

Procedure

Duncan v Independent Commission Against Corruption

Statutes

Alcan Gove Pty Ltd v Zabic

Torts

3: Original Jurisdiction

Case

Title

M68/15 v Minister for Immigration and Border Protection & Ors

Constitutional Law

4: Special Leave Granted

Case

Title

O’Rafferty v The Queen

Criminal Law

Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors

Employment Law

Construction, Forestry, Mining and Energy Union & Anor v Director, Fair Work Building Industry Inspectorate & Anor

Procedure

Attwells & Anor v Jackson Lalic Lawyers Pty Limited

Torts

Fernando by his tutor Ley v Commonwealth of Australia & Anor

Torts

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the August 2015 sittings.

Criminal Law

Police v Dunstall

A5/2015: [2015] HCA 26.

Judgment delivered: 5 August 2015.

Coram: French CJ, Kiefel, Bell, Gageler, Keane and Nettle JJ.

Catchwords:

Criminal law – Evidence – Judicial discretion to admit or exclude evidence – Section 47B(1)(a) of Road Traffic Act 1961 (SA) created offence for person to drive motor vehicle while prescribed concentration of alcohol present in blood – Section 47K(1) of Act created presumption that breath analysis reading corresponded to blood alcohol level at time of analysis – Section 47K(1a) of Act provided presumption could only be rebutted if defendant arranged for blood sample to be taken in accordance with prescribed procedures and adduced evidence that analysis of blood demonstrates that breath analysis reading instrument gave exaggerated reading – Where respondent charged with offence against s 47B(1)(a) and pleaded not guilty – Where breath analysis reading indicated blood alcohol level above prescribed concentration – Where respondent arranged for blood sample to be taken but sample unable to be analysed through no fault of appellant or respondent – Where appellant sought to tender evidence of breath analysis reading – Whether there exists residual common law discretion to exclude lawfully obtained, probative, non-confessional evidence unaffected by impropriety or risk of prejudicial misuse where admission would render…

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Details
Case
[2015] HCAB 6
Decision Date

CaseChat Overview and Summary

In Police v Dunstall, the High Court considered the scope of the judicial discretion to exclude evidence in criminal proceedings under the Bunning v Cross discretion. The Court allowed the appeal, holding that the discretion could apply to exclude evidence of a breath analysis reading where admission of the evidence would render the trial of the accused unfair. In Smith v The Queen, the Court held that the non-disclosure of jury interim votes and voting patterns to counsel did not deny the appellant procedural fairness. The Court also considered the appropriate directions to be given to the jury as to the confidentiality of interim votes and voting patterns. In Filippou v The Queen, the Court dismissed the appeal against conviction and sentence, holding that the sentencing judge was not bound to take the view of the facts most favourable to the offender where it was not proved beyond reasonable doubt or on the balance of probabilities that the appellant brought the murder weapon to the scene. In Tomlinson v Ramsey Food Processing Pty Limited, the Court held that the appellant was issue estopped by reason of the Federal Court proceedings from denying that the respondent was his employer. The Court allowed the appeal and remitted the matter to the NSW Supreme Court for assessment of damages. In Ausnet Transmission Group Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia, the Court held that payments of charges imposed on the holder of an electricity transmission licence were not tax deductible as they were outgoings of capital, or of a capital nature. The Court dismissed the appeal.

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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