Maurici v Commissioner of State Revenue

[2003] HCATrans 564

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S107 of 2002

B e t w e e n -

ANTHONY PHILLIP MAURICI

Appellant

and

CHIEF COMMISSIONER OF STATE REVENUE

Respondent

GLEESON CJ

McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 13 FEBRUARY 2003, AT 10.03 AM

Copyright in the High Court of Australia

GLEESON CJ:   This appeal was heard by a Court constituted by Justices McHugh, Gummow, Kirby, Hayne, Callinan and myself.  After argument had been completed and the Court had reserved its decision, a member of my staff in the course of carrying out some legal research inadvertently communicated with a person who, unknown to her, had been a witness in the case.  The parties very properly brought this to my notice.  I decided that I should withdraw from the case and inform counsel of that decision.

McHUGH J:   Justices Gummow, Kirby, Hayne, Callinan and myself would allow the appeal.  I publish our joint reasons.

The order of the Court is appeal allowed.  Orders 2 to 5 of the orders of the Court of Appeal of New South Wales made on 20 June 2001 be set aside and in their place order that the appeal from the orders of Justice Cowdroy of the Land and Environment Court made on 23 December 1999 be dismissed with costs, the respondent to pay the costs of the appeal to this Court and the Court of Appeal of New South Wales.  I publish the Court’s order.

AT 10.04 AM THE MATTER WAS CONCLUDED