High Court Bulletin

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High Court Bulletin

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


[2013] HCAB 04 (20 May 2013)

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

Minister for Immigration and Citizenship v Li and Anor

Citizenship and Migration

Weinstock & Anor v Beck & Anor

Corporations Law

Beck v Weinstock & Ors

Corporations Law

Keating v Director of Public Prosecutions (Cth)

Criminal Law

Aristocrat Technologies Australia Pty Ltd & Ors v Global Gaming Supplies Pty Ltd & Ors; Aristocrat Technologies Australia Pty Ltd & Ors v Allam & Ors

Evidence

Commissioner of Taxation v Unit Trend Services Pty Ltd

Taxation

Beckett v The State of New South Wales

Torts

Wallace v Kam

Torts

2: Cases Reserved

Case

Title

Agius v The Queen

Criminal Law

Lee & Anor v New South Wales Crime Commission

Criminal Law

Director of Public Prosecutions v JM

Criminal Law

3: Original Jurisdiction

Case

Title

There are no new matters ready for hearing in the original jurisdiction of the High Court.

4: Special Leave Granted

Case

Title

Clark v Macourt

Civil Procedure

Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) & Ors

Corporations Law

Bugmy v The Queen

Criminal Law

Comcare v PVYW

Industrial Law

Wingfoot Australia Partners Pty Ltd & Anor v Kocak & Ors

Statutes

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the April-May 2013 sittings.

Citizenship and Migration

Minister for Immigration and Citizenship v Li and Anor

B68/2012: [2013] HCA 18.

Judgment delivered: 8 May 2013.

Coram: French CJ, Hayne, Kiefel, Bell and Gageler JJ. 

Catchwords:

Immigration – Migration Review Tribunal – Review of decisions – Visa applicant sought review by Migration Review Tribunal ("Tribunal") of decision of Minister's delegate to refuse skilled residence visa – Section 363(1)(b) of Migration Act 1958 (Cth) gives Tribunal power to adjourn review of decision – Visa applicant requested Tribunal adjourn review until the outcome of a review of her skills assessment was finalised – Whether Tribunal's refusal to adjourn was unreasonable or plainly unjust.

Words and phrases – "fair and just", "fair, just, economical, informal and quick", "jurisdictional error", "unreasonable or plainly unjust", "unreasonableness", "Wednesbury unreasonableness".

Appealed from FCA (FC): (2012) 202 FCR 387; (2012) 127 ALD 238; (2012) 289 ALR 210; [2012] FCAFC 74.


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Corporations Law

Weinstock & Anor v Beck & Anor

S266/2012: [2013] HCA 14.

Judgment delivered: 1 May 2013.

Coram: French CJ, Hayne, Crennan, Kiefel and Gageler JJ.

Catchwords:

Corporations law – Management and administration – Directors and other officers – Appointment, removal and retirement…

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Details
Case
[2013] HCAB 4
Decision Date

CaseChat Overview and Summary

The High Court of Australia handed down two cases, Minister for Immigration and Citizenship v Li and Anor and Beck v Weinstock & Ors, during the April-May 2013 sittings. Li sought a review of a decision of the Minister's delegate to refuse her a skilled residence visa. The Migration Review Tribunal (Tribunal) refused Li's request to adjourn the review until the outcome of a review of her skills assessment was finalised. The question before the court was whether the Tribunal's refusal to adjourn was unreasonable or plainly unjust. In Beck v Weinstock & Ors, the issue was whether shares issued as redeemable preference shares required ordinary shares to be issued in order to take effect. The court had to determine whether redemption of the shares was effective. In Minister for Immigration and Citizenship v Li and Anor, the court held that the Tribunal's refusal to adjourn the review was not unreasonable or plainly unjust. In Beck v Weinstock & Ors, the court held that the redeemable preference shares did not require ordinary shares to be issued in order to take effect. The shares were validly issued and the redemption of the shares was effective.

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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