Ruhani v Director of Police (Aka Nauru Appeal)

[2004] HCATrans 496

[2004] HCATrans 496

IN THE HIGH COURT OF AUSTRALIA

Registry  No C8 of 2004

B e t w e e n -

MOHAMMAD ARIF RUHANI

Appellant

and

DIRECTOR OF POLICE (THROUGH THE SECRETARY OF JUSTICE AS DIRECTOR OF PUBLIC PROSECUTOR)

Respondent

Pronouncement of orders

GLEESON CJ
McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 DECEMBER 2004, AT 10.06 AM

(Continued from 10/11/04)

Copyright in the High Court of Australia

GLEESON CJ:   An objection to the competency of the Court to hear this appeal was heard on 10 November 2004 by a court constituted by Justices McHugh, Gummow, Kirby, Hayne, Callinan, Heydon and myself.  At least a majority of the Court is of the view that the objection to competency should be disallowed.

The order of the Court is the objection to the competency of the appeal is disallowed.  We will publish our reasons for that order at a future date.  All questions of costs are reserved.  I publish that order.

AT 10.07 AM THE MATTER WAS CONCLUDED