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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.

Return to Top

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…

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: [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