Network Ten Pty Ltd v TCN Channel Nine Pty Ltd
[2004] HCA 14
Para 1
…ave to appeal, it would go on to determine the appeal. In my opinion, it is plain beyond dispute, having regard to the principles laid down in Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, that leave to appeal should be granted; the more difficult question is how the appeal should be determined. Accordingly, in these reasons,…
Wang v Minister for Immigration and Multicultural Affairs
[2000] FCA 903
…Enfield v Development Assessment Commission (2000) 169 ALR 400 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited…
Corporation of the City of Enfield v Development Assessment Commission
[2000] HCA 5
…LR 259 referred to Buck v Bavone (1976) 135 CLR 110 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374…
Secretary to the Department of Premier and Cabinet v Hulls
[1999] VSCA 117
Para 4
…view of the Court of Appeal of Victoria (Tadgell, Phillips and Batt JJA) in Department of Premier and Cabinet v Hulls [1999] VSCA 117 at para 55: “Now, while there may well be a public interest in the disclosure of documents held by ministers and agencies (as was recognised by Mason CJ in Esso Australia Resources…
Duff v The Queen
[1999] HCATrans 167
Para 15
…n criminal cases, the Courts have been accustomed to accept and act upon certificates issued by Ministers in respect of analogous questions: Duff v R (1979) 28 ALR 663 at 692-695 (per Brennan, McGregor and Lockhart JJ); Duff Development Company, Limited v Government of Kelantan [1924] AC 797 at 824 (per Lord Sumner)…
Minister for Immigration and Multicultural Affairs v Eshetu
[1999] HCA 21
…Bavone (1976) 135 CLR 110 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162…
IW v City of Perth
[1997] HCA 30
Para 4
…ts involved in anti-discrimination statutes, to which Brennan CJ and McHugh J referred in IW v The City of Perth (1997) 191 CLR 1 at 15.…
Darling Casino Ltd v NSW Casino Control Authority
[1997] HCA 11
…Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 discussed Darling Casino Limited v New South Wales Casino Control Authority (1997) 191 CLR 602 referred to R v Lord President of the Privy Council; Ex parte Page [1993] AC 682 cited Duncan v Cammell Laird & Co Ltd [1942] AC 624 discussed Ellis v Home Office [1953]…
Minister for Immigration and Ethnic Affairs v Wu Shan Liang
[1996] HCA 6
…rd v Grumman Aircraft Engineering Corp (1975) 421 US 168 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Buck v Bavone (1976) 135 CLR 110 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 cited Minister for Immigratio…
Deputy Commissioner of Taxation v Richard Walter Pty Ltd
[1995] HCA 23
Para 4
…They argued that the position was analogous to that considered by the High Court in Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 with respect to s 177 of the Income Tax Assessment Act 1936 (Cth).…
Esso Australia Resources Ltd v Plowman
[1995] HCA 19
Para 4
…cuments held by ministers and agencies (as was recognised by Mason CJ in Esso Australia Resources [Limited v Plowman (1995) 183 CLR 10] at 31-32), it is the FOI Act which is Parliament’s express declaration of the extent to which such disclosure is in the public interest. The Act contains exceptions, exemptions and…
Searle Australia Pty Ltd v Public Interest Advocacy Centre
[1992] FCA 317
Para 4
…y a unanimous Full Court (Davies, Wilcox and Einfeld JJ) in Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111 at 114-115. Very similar is the unanimous view of the Court of Appeal of Victoria (Tadgell, Phillips and Batt JJA) in Department of Premier and Cabinet v Hulls [1999] VSCA 117 at p…
Brick & Pipe Industries Ltd v Occidental Life Nominees Pty Ltd
[1992] HCATrans 88
Para 6
…ive evidence clause. In a more recent guarantee case, Brick and Pipe Industries Ltd v Occidental Life Nominees Pty Ltd [1992] 2 VR 279, McGarvie, Marks and Beach JJ accepted (at 371) a certificate of the kind involved in Dobbs v The National Bank of Australasia Limited as “conclusive evidence of what is cer…
Décor Corporation Pty Ltd v Dart Industries Inc
[1991] FCA 844
Para 1
…the appeal. In my opinion, it is plain beyond dispute, having regard to the principles laid down in Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, that leave to appeal should be granted; the more difficult question is how the appeal should be determined. Accordingly, in these reasons, I shall re…
O'Toole v Charles David Pty Ltd
[1991] HCA 14
Para 10
…ion. Accordingly, the section vests in the Federal Court the jurisdiction which s 75(v) confers on the High Court ( O’Toole v Charles David Pty Ltd (1990) 171 CLR 232 at 251) save that the jurisdiction is not constitutionally entrenched and it may be repealed or amended.…
Downey v Trans Waste Pty Ltd
[1991] HCA 11
…5] AC 374 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Downey v Trans Waste Pty Limited (1991) 172 CLR 167 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 discussed Darling Casino Limited v New South Wales Casino Control Authority (1997) 191 CLR 602 referre…
Arnold v Queensland
[1987] FCA 148
Para 4
…bearing in mind the stated object of the Act.” With the agreement of Woodward J, I commented on this passage in Arnold v Queensland (1987) 73 ALR 607 at 626: “In my view it is too late to regard s 3 as introducing any bias into the construction of the exemptions in the Freedom of Information Act . They are as much…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd
[1986] HCA 40
…ivil Service Unions v Minister for the Civil Service [1985] AC 374 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Downey v Trans Waste Pty Limited (1991) 172 CLR 167 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 discussed Darling Casino Limited v New South…
Victorian Public Service Board v Wright
[1986] HCA 16
Para 5
…Reliance was placed upon a passage in the judgment of the High Court in Victorian Public Service Board v Wright (1986) 160 CLR 145 at 152 which was said to be an expression of opinion by the Court that the scheme of the Freedom of Information Act was such as to exclude judicial review of documents that were the subje…
MacCormick v Federal Commissioner of Taxation
[1984] HCA 20
Para 7
…the Commonwealth to impose income tax is not unlimited. It cannot levy an “incontestable tax”: see MacCormick v Federal Commissioner of Taxation (1984) 158 CLR 622 at 639, 640. Accordingly, Part IVC of the Taxation Administration Act 1953 (Cth) provides the means by which all matters arising in relation to an assess…
News Corporation Ltd v National Companies and Securities Commission
[1984] FCA 26
Para 4
…ing public interests. The joint judgment of Bowen CJ and Fisher J in The News Corporation Ltd v National Companies and Securities Commission (1984) 1 FCR 64 at 66 states: “In recognition of the delicate balance between the public’s interest in knowing and in expressing its opinion and the need in some cases to pro…
R v Coldham; Ex parte Australian Workers' Union
[1983] HCA 35
Para 9
…tes to the subject matter of the legislation and it does not, on its face, go beyond power: see R v Coldham; Ex parte Australian Workers’ Union (1983) 153 CLR 415 at 418.…
Buck v Bavone
[1976] HCA 24
…421 US 168 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Buck v Bavone (1976) 135 CLR 110 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 1…
R v Hickman; ex parte Fox and Clinton
[1945] HCA 53
Para 9
…In R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 at 615 Dixon J, as his Honour then was, explained the position: “Such a clause is interpreted as meaning that no decision which is in fact given by the body concerned shall be invalidated on the ground that it has not conformed to the requirements governing…
Parisienne Basket Shoes Pty ltd v Whyte
[1938] HCA 7
Para 3
…of the fact upon which its jurisdiction depends: In Re Racal Communications Ltd [1981] AC 374 at 383; Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369. In that event, an erroneous finding of the existence of the “jurisdictional fact” does not lead to the exercise of a power “in excess of jurisdiction” and t…
Dobbs v National Bank of Australasia Ltd
[1935] HCA 49
Para 6
…The High Court of Australia had taken the same view in Dobbs v The National Bank of Australasia Limited (1935) 53 CLR 643 (a case which was accepted by Mason CJ in Deputy Commissioner of Taxation of the Commonwealth of Australia v Richard Walter Pty Limited (1995) 183 CLR 168 at 184 as providing an analogy for the o…
Magrath v Goldsbrough Mort & Co Ltd
[1932] HCA 10
Para 16
…rinciple of construction relating to the exclusion of jurisdiction should not apply in such circumstances. In McGrath v Goldsborough, Mort and Co Ltd (1932) 47 CLR 121 at 135, Dixon J, in a frequently cited passage, said in relation to a privative clause in the Industrial Arbitration Act 1912 (NSW): “The general rul…
F J Bloemen Pty Ltd v Federal Commissioner of Taxation
[1981] HCA 27
Para 11
…The first Australian case is F J Bloemen Pty Ltd v Federal Commissioner of Taxation (1980) 147 CLR 360. The Commissioner of Taxation issued a notice of assessment showing that the taxpayer had an assessable income of $70,345. Shortly thereafter he issued a further assessment showing an assessable income of $282,700.…
[1948] 1 KB 223
[1948] 1 KB 223
Para 10
…t be unreasonableness in the well known sense expounded by Lord Greene MR in Associated Provincial Picture Houses, Limited v Wednesbury Corporation [1948] 1 KB 223. On that ground, judicial review would enable the decision to be set aside. Yet, the Freedom of Information Act expressly provides (in s 58) for determ…
[1993] AC 682
[1993] AC 682
…v New South Wales Casino Control Authority (1997) 191 CLR 602 referred to R v Lord President of the Privy Council; Ex parte Page [1993] AC 682 cited Duncan v Cammell Laird & Co Ltd [1942] AC 624 discussed Ellis v Home Office [1953] 2 QB 135 discussed Conway v Rimmer [1968] AC 910 discussed R v Registrar of Compa…
[1981] AC 374
[1981] AC 374
Para 3
…the public authority exclusive power to decide the existence of the fact upon which its jurisdiction depends: In Re Racal Communications Ltd [1981] AC 374 at 383; Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369. In that event, an erroneous finding of the existence of the “jurisdictional fact” does not…
[1985] AC 374
[1985] AC 374
…ion and Multicultural Affairs v Eshetu (1999) 162 ALR 577 cited Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Downey v Trans Waste Pty Limited (1991) 172 CLR 167 referred to R v Hickman; Ex part…
[1968] AC 910
[1968] AC 910
…682 cited Duncan v Cammell Laird & Co Ltd [1942] AC 624 discussed Ellis v Home Office [1953] 2 QB 135 discussed Conway v Rimmer [1968] AC 910 discussed R v Registrar of Companies; Ex parte Central Bank of India [1986] 1 QB 1114 discussed R v The Secretary of State for Foreign Affairs; Ex parte Trawnik, The Time…
[1942] AC 624
[1942] AC 624
…1 CLR 602 referred to R v Lord President of the Privy Council; Ex parte Page [1993] AC 682 cited Duncan v Cammell Laird & Co Ltd [1942] AC 624 discussed Ellis v Home Office [1953] 2 QB 135 discussed Conway v Rimmer [1968] AC 910 discussed R v Registrar of Companies; Ex parte Central Bank of India [1986] 1 QB 111…
[1953] 2 QB 135
[1953] 2 QB 135
…the Privy Council; Ex parte Page [1993] AC 682 cited Duncan v Cammell Laird & Co Ltd [1942] AC 624 discussed Ellis v Home Office [1953] 2 QB 135 discussed Conway v Rimmer [1968] AC 910 discussed R v Registrar of Companies; Ex parte Central Bank of India [1986] 1 QB 1114 discussed R v The Secretary of State for For…
[1924] AC 797
[1924] AC 797
Para 15
…questions: Duff v R (1979) 28 ALR 663 at 692-695 (per Brennan, McGregor and Lockhart JJ); Duff Development Company, Limited v Government of Kelantan [1924] AC 797 at 824 (per Lord Sumner).…
Coastal States Gas Corporation v Department of Energy
(1980) 617 F 2d 854
…ial Picture Houses, Limited v Wednesbury Corporation [1948] 1 KB 223 cited Coastal States Gas Corporation v Department of Energy (1980) 617 F 2d 854 referred to Renegotiation Board v Grumman Aircraft Engineering Corp (1975) 421 US 168 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 C…
Renegotiation Board v Grumman Aircraft Engineering Corp
(1975) 421 US 168
…s Gas Corporation v Department of Energy (1980) 617 F 2d 854 referred to Renegotiation Board v Grumman Aircraft Engineering Corp (1975) 421 US 168 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Buck v Bavone (1976) 135 CLR 110 cited Corporation of the City of E…
[1978] 1 WLR 1
[1978] 1 WLR 1
Para 9
…llegation is founded must be stated”. Modern restatements are many. I content myself with referring to Cannock Chase District Council v Kelly [1978] 1 WLR 1, a decision of the Court of Appeal where Megaw LJ (with whom Sir David Cairns agreed) made it clear (at 6) that the rule embraces an allegation framed as one…
[2000] 3 WLR 625
[2000] 3 WLR 625
Para 4
…not favourable to such an unqualified proposition, as may be illustrated by the recent decision of the House of Lords in Attorney-General v Blake [2000] 3 WLR 625. When a Freedom of Information Bill was signed into law in the United States in 1966 (it seems that Sweden had already adopted such a law early in the 19…
[1979] AC 705
[1979] AC 705
Para 4
…So, in Suffolk County Council v Mason [1979] AC 705, where a “definitive map” was, by statute, “conclusive evidence” of the existence of footpaths, Lord Morris of Borth-y-Gest said (at 717): “'Conclusive evidence' that there was a ‘right of way on foot only’ must negative or preclude any evidence that there was…
[1986] 1 QB 1114
[1986] 1 QB 1114
Para 15
…I can now turn to the English cases. The first of them is R v Registrar of Companies; Ex parte Central Bank of India [1986] 1 QB 1114. The case was concerned with the Companies Act 1948 (UK). That statute made provision for the registration of charges and the matters that had to be complied with before registration…