High Court of Australia

The Republic of Nauru v WET040 [2018] HCA 56

7 Nov 2018

Case Number: M154/2017

Before

Gageler, Nettle, Edelman JJ

Catchwords

High Court – Practice and procedure – Original jurisdiction – Appeal from Supreme Court of Nauru – Where High Court had original jurisdiction under s 5 of Nauru (High Court Appeals) Act 1976 (Cth) to hear and determine appeals from Supreme Court of Nauru provided for in Agreement between Government of Australia and Government of Republic of Nauru – Where Agreement terminated on 13 March 2018 – Where termination of Agreement did not affect hearing and determination of appeals "instituted" in High Court before date of termination – Where appellant filed notice of appeal before date of termination but one day outside period fixed by r 42. 03 of High Court Rules 2004 (Cth) – Where appellant filed summons seeking order under r 4. 02 of High Court Rules enlarging time for filing of notice of appeal – Where affidavit accompanying summons explained delay in filing notice of appeal – Where notice of appeal, summons and affidavit served on solicitors who acted for respondent in Supreme Court of Nauru – Where notice of appeal, summons and affidavit later served personally on respondent – Where order enlarging time for filing of notice of appeal not made before date of termination of Agreement – Where respondent did not enter appearance and did not appear at hearing of High Court appeal – Whether appeal "instituted" before date of termination of Agreement – Whether, if appeal instituted, High Court should exercise jurisdiction to hear and determine appeal.

Words and phrases – "appeal", "institute", "irregularity", "jurisdiction", "notice of appeal", "rule-making power", "service", "with such variations as are necessary".

High Court Rules 2004 (Cth) – rr 2. 03. 1, 4. 02, 9. 01. 5, 42. 03, Pts 42, 43.

Judiciary Act 1903 (Cth) – ss 77T, 86.

Nauru (High Court Appeals) Act 1976 (Cth) – ss 5, 6, 10(3).
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