Judgments, ordered by date

Browsing By Year (2017)

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Western Australian Planning Commission v Southregal Pty Ltd [2017] HCA 7

Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 8 Feb 2017 Case Number: P47/2016 P48/2016
Town planning (WA) – Compensation – Where land reserved for public purpose under planning scheme – Where s 173 of Planning and Development Act 2005 (WA) makes provision for landowner to be compensated where land injuriously affected by making or amendment of planning scheme – Where, under s 177, compensation not payable until land first sold after reservation or responsible authority refuses development application or grants application on unacceptable conditions – Where landowners purchased land affected by planning scheme after date of reservation – Where purchasers applied to develop land and were refused – Whether purchasers entitled to compensation.

Words and phrases – "compensation", "injurious affection", "planning scheme", "reservation".

Metropolitan Region Town Planning Scheme Act 1959 (WA) – s 36.

Planning and Development Act 2005 (WA) – ss 171, 173, 174, 176, 177.

Town Planning and Development Act 1928 (WA) – ss 11, 12.

Commissioner of State Revenue v ACN 005 057 349 Pty Ltd [2017] HCA 6

Kiefel, Bell, Gageler, Keane, Gordon JJ
Date: 8 Feb 2017 Case Number: M88/2016 M89/2016
Taxation – Land tax – Where land tax assessments were paid – Where Commissioner did not amend assessments after error detected – Whether Commissioner under duty compellable by mandamus to amend and refund excess land tax – Whether Commissioner's refusal to amend amounted to conscious maladministration – Whether amended assessment had effect that excess tax was never land tax – Whether proceedings were barred under Land Tax Act 1958 (Vic).

Words and phrases – "amended assessment", "charged, levied and collected", "completeness and accuracy", "conscious maladministration", "land tax", "tax paid under, or purportedly paid under".

Land Tax Act 1958 (Vic) – ss 19, 90AA, 92A.

Palmer v Ayres [2017] HCA 5

Kiefel, Gageler, Keane, Nettle, Gordon JJ
Date: 8 Feb 2017 Case Number: B52/2016 B55/2016
Constitutional law (Cth) – Judicial power – Mandatory examination of persons about corporation's examinable affairs – Where plaintiffs former directors of corporation in voluntary liquidation – Where liquidators applied for and obtained order for issue of summons under s 596A of Corporations Act 2001 (Cth) requiring plaintiffs to attend for examination about corporation's examinable affairs – Whether s 596A invalid as contrary to Ch III of Constitution – Whether s 596A gives rise to "matter" that engages judicial power of Commonwealth – Whether power conferred by s 596A incompatible with or outside judicial power of Commonwealth.

Words and phrases – "examinable affairs", "federal jurisdiction", "judicial power", "matter".

Constitution – Ch III.

Corporations Act 2001 (Cth) – ss 596A, 597.

Re Culleton [No 2] [2017] HCA 4

Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 3 Feb 2017 Case Number: C15/2016
Parliamentary elections (Cth) – Senate – Reference to Court of Disputed Returns – Where at date of nomination person convicted of offence punishable by term of imprisonment for one year or longer – Where person liable to be sentenced – Where person elected as Senator – Where conviction subsequently annulled – Whether annulment of conviction of retrospective effect – Whether person incapable of being chosen as Senator under s 44(ii) of Constitution – Whether vacancy should be filled by special count of ballot papers.

Words and phrases – "annulment", "convicted and is under sentence, or subject to be sentenced", "incapable of being chosen", "retrospective effect", "special count", "void ab initio".

Constitution – s 44(ii).

Commonwealth Electoral Act 1918 (Cth) – ss 364, 376.

Crimes Act 1900 (NSW) – s 117.

Crimes (Appeal and Review) Act 2001 (NSW) – ss 4, 8, 9, 10.

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 25.

Re Culleton [2017] HCA 3

Gageler J
Date: 31 Jan 2017 Case Number: C15/2016
Constitutional law (Cth) – Judicial power – Election of Senator – Validity – Court of Disputed Returns – Power to hear petition – Whether non-judicial –Constitution, Ch III – Commonwealth Electoral Act 1918 (Cth), Pt XXII, Div II.

Practice and procedure – High Court of Australia – Failure to raise argument at hearing – Principles applicable – Validity – Commonwealth Electoral Act 1918 (Cth), Pt XXII, Div II. Constitution, ss 44(ii), 44(iii), 45, 47.

Commonwealth Electoral Act 1918 (Cth) – Pt XXII.
Re Day [2017] HCA 2
Date: 27 Jan 2017 Case Number: C14/2016

Mercanti v Mercanti [2017] HCA 1

Kiefel J
Date: 5 Jan 2017 Case Number: P63/2016
Practice and procedure – High Court – Application for interlocutory injunctions – Where injunctions in force since August 2013 – Where application for special leave to appeal pending – Where extension of injunctions sought until determination of application for special leave to appeal and any appeal should special leave be granted – Whether injunctive relief be granted.

Words and phrases – "injunction", "stay", "substantial prospect that special leave to appeal will be granted".

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