State of South Australia & Anor v The Commonwealth of Australia

[1991] HCATrans 98

_lib_ ·!,h ~?,STJU.l.lA,, ii- -~»$~''

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No A4 of 1991

B e t w e e n -

THE STATE OF SOUTH AUSTRALIA

and THE SOUTH AUSTRALIAN

SUPERANNUATION FUND INVESTMENT

TRUST

Plaintiffs

and

THE COMMONWEALTH OF AUSTRALIA

and THE COMMISSIONER OF

TAXATION

Defendants

Reserve question pursuant to

section 18 of the Judiciary

Act 1903

MASON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 18 APRIL 1991, AT 9.27 AM

Copyright in the High Court of Australia

Superannuation 1 18/4/91

MR M. WALTER: If it please Your Honour, I appear for the

plaintiffs. (instructed by the Crown Solicitor for

South Australia)

MR D.J. ROSE: If Your Honour pleases, I appear for each of

the respondents. (instructed by the Australian

Government Solicitor)

HIS HONOUR:  Yes, Mr Rose. Mr Walter.

MR WALTER:  I understand that Your Honour has a copy of the

case stated in -

HIS HONOUR:  Yes, I have a copy of the case stated and I

have read it and I must say that, on the face of

it, it seems to me to be satisfactory, but I would

wish to give it some closer attention and what I

was proposing to say, if Mr Rose has no objection

to the stated case in the form in which it has been

presented to me, is that I do intend to state the

case, subject to just satisfying myself on a couple
of matters, but I do not anticipate that they will

give rise to any difficulty. If, having looked at

it more closely over the weekend, I come to the

conclusion I can sign it, I will ask the Registrar

to notify the parties that I have signed it.	I had
proposed to date it Monday.	Now, any comments you
want to make, Mr Rose.

MR ROSE:  We have no objections, if Your Honour pleases, to

the document in its present form.

HIS HONOUR:  Yes. Mr Walter. Anything you wish to say by

way of explanation?

MR WALTER:  No, Your Honour, but merely that there are some

typographical errors in the case stated as filed

this morning, which have been pointed out to me by

Mr Rose.

HIS HONOUR:  Now, whereabouts is that?

MR WALTER:  Page 13. The reference to the Income Tax

Assessment Act cites the year as 1986 which should

be 1936.

HIS HONOUR: That is in the last two paragraphs, I see.

Well, you might lodge with the Registry a retyped

stated case correcting that mistake. If you do

that, as I say, it is almost certain that I will

sign it.

Thank you, Your Honour.

Superannuation	2	18/4/91
HIS HONOUR:	There is nothing else you want me to do?	You

do not want me to make any order?

No, Your Honour.

Superannuation 18/4/91