Judgments, ordered by case name

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X v Australian Prudential Regulation Authority [2007] HCA 4

226 CLR 630; 81 ALJR 611; 232 ALR 421
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Date: 21 Feb 2007 Case Number: S284/2006
Administrative law – Judicial review – Injunction and declaratory relief – s 39B of the Judiciary Act 1903 (Cth) – Whether the appellants are entitled to an order restraining the Australian Prudential Regulation Authority ("APRA") from acting on a "preliminary view" formed by its Senior Manager that the first and third appellants were not "fit and proper" to act as senior managers of a foreign general insurer.

Administrative law – Royal Commissions ¬– Protection of witnesses – s 6M of the Royal Commissions Act 1902 (Cth) – Appellants gave evidence at the HIH Royal Commission – Whether s 6M prevents the use of that evidence by APRA in deciding whether to disqualify the first and third appellants pursuant to s 25A of the Insurance Act 1973 (Cth) – Whether potential disqualification caused a "disadvantage" to the appellants – Whether potential disqualification arose "for or on account of" the first and third appellants' evidence to the Royal Commission – Whether the proper exercise of APRA's statutory powers and functions may constitute a "disadvantage" arising "for or on account of" evidence given before a Royal Commission.

Insurance –– Prudential regulation – Disqualification – APRA may take steps pursuant to s 25A of the Insurance Act 1973 (Cth) where a person is not "fit and proper" to act as a senior manager of a foreign general insurer – Whether APRA may take into account evidence given at a Royal Commission by or about that person – Whether s 6M of the Royal Commissions Act 1902 (Cth) prevents the use of such evidence for the purposes of s 25A of the Insurance Act 1973 (Cth).

Statutes – Interpretation – Whether s 6M of the Royal Commissions Act 1902 (Cth) distinguishes between the giving of evidence and the content of the evidence so given.

Words and phrases – "for or on account of", "disadvantage".

Insurance Act 1973 (Cth) – s 25A.

Royal Commissions Act 1902 (Cth) – s 6M.

X7 v Australian Crime Commission [2013] HCA 29

248 CLR 92; 87 ALJR 858; 298 ALR 570
French CJ, Hayne, Crennan, Kiefel, Bell JJ
Date: 26 Jun 2013 Case Number: S100/2012
Statutes – Interpretation – Plaintiff charged with three indictable Commonwealth offences – Plaintiff served with summons to attend examination by examiner appointed under Australian Crime Commission Act 2002 (Cth) ("Act") – Examiner asked plaintiff questions about subject matter of charged offences – Whether Act empowered examiner to conduct examination of person charged with indictable Commonwealth offence where examination concerned offence charged.

Words and phrases – "accusatorial process of criminal justice", "examination", "prejudice the fair trial of a person who has been, or may be, charged with an offence", "principle of legality", "privilege against self incrimination", "right to silence", "trial according to law".

Australian Crime Commission Act 2002 (Cth) – ss 7A, 7C, Pt II Div 2.

XYZ v The Commonwealth [2006] HCA 25

227 CLR 532; 80 ALJR 1036; 227 ALR 495
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Date: 13 Jun 2006 Case Number: M14/2005
Constitutional law (Cth) – External affairs - Plaintiff charged with three offences of engaging in sexual activity with a child under 16 years while outside Australia contrary to ss 50BA and 50BC of the Crimes Act 1914 (Cth) - Whether either of ss 50BA and 50BC of the Crimes Act are laws with respect to external affairs - Whether "external affairs" extends to any place, person, matter or thing lying outside the geographical limits of Australia - Whether "external affairs" is restricted to subjects having some connection with Australia - Whether "external affairs" is restricted to matters touching or concerning the relationships of Australia with other countries and international organisations - Whether "external affairs" extends to "matters of international concern" - Relevance of proposition that "external affairs" extends to implementation of treaty obligations.

Constitutional law (Cth) – Constitutional interpretation - Whether permissible to consider separately the meaning of components of a composite phrase - Relevance of distorting or alarming possibilities - Relevance of possible lacuna in the plenitude of the combined legislative powers of the various Parliaments of the Australian federation - Relevance of original meaning of the Constitution - Relevance of development of Australian nationhood - Relevance of extra- territorial reach of other heads of legislative power in s 51 to the interpretation of s 51(xxix) - Relevance of principles of international law concerning extra- territorial legislation - Relevance of the federal character of the Commonwealth - Relevance of notion of proportionality.

Constitutional law (Cth) – Overruling - Whether leave necessary to reopen such authority of the Court as upheld the geographical externality principle - Whether such authority should be overruled.

Criminal law – Sexual offences - Child sex tourism offences - Crimes Act 1914 (Cth), ss 50BA, 50BC - Whether such offences valid laws under the Constitution.

Words and phrases – "external affairs".

Constitution – ss 51(xxix), 51(xxxviii).

Australia Act 1986 (Cth) – s 2.

Crimes Act 1914 (Cth) – ss 50AD, 50BA, 50BC.

Criminal Code (Cth) – s 11. 1(1).

Yates v The Queen [2013] HCA 8

247 CLR 328; 87 ALJR 446; 295 ALR 696
French CJ, Hayne, Crennan, Bell, Gageler JJ
Date: 14 Mar 2013 Case Number: P21/2012
Criminal law – Sentence – Detention during Governor's pleasure on expiration of sentence under s 662 of Criminal Code (WA) – Whether evidence capable of supporting conclusion that applicant a constant danger to community – Whether order demonstrably necessary to protect society from physical harm.

Criminal Code (WA) – s 662.

York v The Queen [2005] HCA 60

225 CLR 466; 79 ALJR 1919; 221 ALR 541
Gleeson CJ, McHugh, Hayne, Callinan, Heydon JJ
Date: 6 Oct 2005 Case Number: B79/2004
Criminal law – Sentencing - Appellant pleaded guilty to serious drug offences - Appellant cooperated with prosecuting authorities to secure murder conviction - Evidence that the appellant's life would be endangered in prison - Appellant sentenced at first instance to a wholly suspended term of imprisonment because of that risk - Attorney-General's appeal alleging the sentence was manifestly inadequate - Court of Appeal re-sentenced the appellant to serve a term of actual imprisonment - Whether appropriate to wholly suspend sentence - Whether sentencing judge entitled to take into account risk to appellant's safety whilst serving a term of imprisonment.

Criminal Code (Q) – ss 669A(1), 671B Penalties and Sentences Act 1992 (Q), s 9 Criminal Code (WA), s 689(3)

Words and Phrases – "unfettered discretion".

Yougarla v Western Australia [2001] HCA 47

207 CLR 344; 75 ALJR 1316; 181 ALR 371
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 9 Aug 2001 Case Number: P60/2000
Constitutional law (WA) – Imperial manner and form requirements respecting State legislation - Section 70 of the Constitution Act 1889 (WA) provided for the issue of annual sums to Aborigines Protection Board for the welfare of "the aboriginal natives" - Whether provision still in force - Whether repeal by Aborigines Act 1905 (WA) effective - Tabling requirement under s 32 of The Australian Constitutions Act 1850 (Imp) in respect of certain WA bills - Requirement not complied with - Whether compliance with requirement necessary to validly repeal s 70 of the Constitution Act 1889 (WA).

Constitutional law (Cth) – Constitution of State of the Commonwealth - Whether provision in Constitution s 106 excludes construing application of Imperial manner and form requirements for amending State Constitution after federation - Whether compliance justiciable.

Aboriginals – Constitutional law (WA) - Provision in Constitution Act 1889 (WA) for annual sum for welfare of "aboriginal natives" - Whether Imperial legislation complied with for repeal of such provision.

Words and phrases – "Constitution of each State" - "repugnancy".

Constitution – s 106.

Constitution Act 1889 (WA) – ss 70, 73.

Aborigines Act 1905 (WA).

The Australian Constitutions Act 1842 (Imp)
– ss 31, 33.

The Australian Constitutions Act 1850 (Imp) – ss 12, 32, 33.

Western Australia Constitution Act 1890 (Imp) – ss 2, 5.

Youyang Pty Limited v Minter Ellison Morris Fletcher [2003] HCA 15

212 CLR 484; 77 ALJR 895; 196 ALR 482
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Date: 3 Apr 2003 Case Number: S237/2002
Trusts – Express trust – Money received by firm of solicitors to be held for a specific purpose and in accordance with specific conditions – Misapplication of funds by firm – Breach of express trust – Liability of firm as trustee – When breaches of trust occurred – Remedies – Restoration of trust fund – Causation – Whether appellant suffered a recoverable loss in consequence of firm's breaches of trust – Whether appellant would not have suffered loss but for breach of trust – When loss is to be assessed.

Supreme Court Act 1970 (NSW) – s 94.

Z v New South Wales Crime Commission [2007] HCA 7

231 CLR 75; 81 ALJR 651; 233 ALR 17
Gleeson CJ, Kirby, Hayne, Callinan, Crennan JJ
Date: 28 Feb 2007 Case Number: S229/2006
Z v New South Wales Crime Commission. Practice and procedure – Legal professional privilege – Solicitor summonsed to give evidence before the New South Wales Crime Commission ("the Commission") – Whether the communication of a client's name or the communication of the client's contact details was a privileged communication.

Legal practitioners – Solicitor and client – Legal professional privilege –Whether the communication of a client's name or the communication of the client's contact details was a privileged communication.

Statutes – Interpretation – New South Wales Crime Commission Act 1985 (NSW) ("the Act") – Section 18B(4) of the Act – Entitlement of legal practitioner appearing as a witness before the Commission to refuse to answer a question if the answer would disclose a privileged communication – Whether disclosing a client's name and address would disclose a privileged communication.

Statutes – Interpretation – Section 18B(4) of the Act – Entitlement of legal practitioner appearing as a witness before the Commission to refuse to answer a question if the answer would disclose a privileged communication – Whether s 18B(4) of the Act qualifies this entitlement by providing that the legal practitioner must, if required, "furnish to the Commission the name and address of the person to whom or by whom the communication was made".

Words and phrases – "confidential communication", "dominant purpose", "legal professional privilege", "privileged communication".

New South Wales Crime Commission Act 1985 (NSW) – ss 3, 5, 6(1), 13(1), 13(8), 18(2), 18B(1), 18B(4).

Zaburoni v The Queen [2016] HCA 12

Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 6 Apr 2016 Case Number: B69/2015
Criminal law – Criminal liability – Criminal Code (Q), s 317(b) – Intent to cause specific result – Where appellant HIV positive – Where appellant lied to complainant about his HIV status – Where complainant diagnosed with HIV after frequent unprotected sex with appellant – Whether element of intent to cause specific result satisfied – Whether intent could be inferred from frequency of conduct giving rise to risk of specific result – Whether intent proved by evidence of awareness of risk.

Words and phrases – "awareness of risk", "intent", "motive", "proof of intention", "recklessness", "serious disease", "specific intent".

Criminal Code (Q) – ss 23, 317(b).

Zheng v Cai [2009] HCA 52

239 CLR 446; 84 ALJR 80; 261 ALR 481
French CJ, Gummow, Crennan, Kiefel, Bell JJ
Date: 9 Dec 2009 Case Number: S67/2009
Tort – Negligence - Damages - Motor vehicle accident - Personal injury - Assessment - Economic loss - Regular payments made by church to applicant following motor vehicle accident - Whether benevolent payments should be taken into account when calculating damages - Whether intention of giver of benevolent payments determinative - Where collateral benefit exists for giving benevolent payments - Relevance of public policy in disregarding benevolent payments in assessment of damages.

Appeal – Issue not raised at trial - Motor vehicle accident - Personal injury - Economic loss - Issue at trial whether plaintiff an employee - Issue on appeal concerned real intent behind benevolent payments - Where applicant would have objected to admissibility of evidence or called further witnesses if issue raised at trial - Whether party bound by presentation of case at trial - Prejudice.

Words and phrases – "assessment of damages", "benevolent payment", "gift", "intention", "public policy", "volunteer work".

Zhu v The Treasurer of the State of New South Wales [2004] HCA 56

218 CLR 530; 79 ALJR 217; 211 ALR 159
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Date: 17 Nov 2004 Case Number: S616/2003
Tort – Interference with contractual relations - Contract between the plaintiff and TOC Management Services Pty Ltd ("TOC") authorised and obliged the plaintiff to sell memberships in an "Olympic Club" to residents of China - Sydney Organising Committee for the Olympic Games ("SOCOG") interfered with the plaintiff's contract - Whether SOCOG had obligations to protect intellectual property under the Olympic Charter and the contract by which Sydney hosted the 2000 Olympic Games - Whether the plaintiff contravened the Sydney 2000 Games (Indicia and Images) Protection Act 1996 (Cth), s 12 - Whether SOCOG's interference with the plaintiff's contract was justified.

Tort – Interference with contractual relations - Defence of justification - TOC owed contractual obligations to SOCOG not to engage in certain conduct - Contract between TOC and the plaintiff obliged the plaintiff to engage in conduct contrary to the contract between TOC and SOCOG - Whether SOCOG held "proprietary" or "quasi-proprietary" rights - Whether SOCOG held an "actually existing superior legal right" - Whether SOCOG's conduct was "reasonably necessary" - Whether SOCOG was justified in interfering with the contract between TOC and the plaintiff.

Contract – Deed Poll - Plaintiff executed Deed Poll in favour of SOCOG - Plaintiff was required to execute Deed Poll pursuant to contract between the plaintiff and TOC - Plaintiff did not know there was a separate contract between SOCOG and TOC - Whether Deed Poll and contracts inconsistent - Construction of Deed Poll and contracts - Whether the plaintiff's activities required SOCOG's prior written consent - Whether the plaintiff breached the Deed Poll or his contract.

Words and phrases – "interference with contractual relations", "justification", "proprietary right", "quasi-proprietary right", "superior legal right", "reasonably necessary".

Sydney 2000 Games (Indicia and Images) Protection Act 1996 (Cth) – s 12.

Sydney Organising Committee for the Olympic Games Act 1993 (NSW).

Zoneff v The Queen [2000] HCA 28

200 CLR 234; 74 ALJR 895; 172 ALR 1
Gleeson CJ, Gaudron, Gummow, Kirby, Callinan JJ
Date: 25 May 2000 Case Number: A23/1999
Criminal Law – Lies - Whether going to credibility or indicating guilt - Direction to jury - Proviso - Circumstances for application in strong Crown case.

Words and phrases – "consciousness of guilt".

Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 50

240 CLR 391; 84 ALJR 70; 261 ALR 468
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Date: 2 Dec 2009 Case Number: P33/2009
Insurance contracts – Validity of "other insurance" provision - Whether rendered void by s 45 of Insurance Contracts Act 1984 (Cth) - Where s 45 rendered void provisions in contracts of general insurance that had effect of limiting or excluding liability of insurer under the contract by reason that the insured had entered into some other contract of insurance - Whether s 45 applied to provision purporting to limit or exclude liability by reason that the insured was named as non-party beneficiary under another contract of insurance - Whether insured had "entered into" that contract within meaning of s 45.

Statutes – Interpretation - Meaning of "provision" in s 45 of Insurance Contracts Act 1984 (Cth) - Where "other insurance" clause applied in two different circumstances, only one of which attracted application of s 45 - Whether clause void only to the extent that it had the impugned effect - Whether clause void as a whole - Whether s 45 rendered void words or operation of clause.

Words and phrases – "double insurance", "entered into", "excess insurance", "other insurance", "provision".

Insurance Contracts Act 1984 (Cth) – ss 45(1), 48.

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