High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
RESIDUAL ASSCO GROUP LIMITED PLAINTIFF
AND
JANIS GUNARS SPALVINS & ORS DEFENDANTS
Residual Assco Group Limited v Spalvins [2000] HCA 33
Date of Order: 25 May 2000
Date of Publication of Reasons: 13 June 2000
A5/2000
ORDER
1. The questions in the case stated are answered as follows:
1. Are s 11 of the Federal Courts (State Jurisdiction) Act 1999 (SA) and rule 123A.05 of the Rules of the Supreme Court of South Australia invalid?
Answer: No.
2. Are any one or more (and, if so, which) of ss 6, 7, 8 and 10 of the Federal Courts (State Jurisdiction) Act 1999 (SA) invalid?
Answer: Unnecessary to answer.
3. If any of ss 6, 7, 8, 10 or 11 of the Federal Courts (State Jurisdiction) Act 1999 (SA) be invalid, as a consequence thereof, is any other provision thereof (and, if so, which) invalid?
Answer: Unnecessary to answer.
2. The first, second and third defendants must pay the plaintiff's costs of the case stated.
3. Any other questions of costs in this Court are reserved for the consideration of the single Justice making orders consequential upon the answers to the questions reserved.
2.
Representation:
R J Whitington QC with M F Blue and A L McCartney for the plaintiff (instructed by Australian Securities and Investments Commission)
D F Jackson QC with A J Besanko QC and S B Lloyd for the first defendant (instructed by Thomson Playford)
D F Jackson QC with A J Besanko QC and S B Lloyd for the second and third defendants (instructed by Finlaysons)
No appearance for the fourth, fifth, sixth and seventh defendants
Interveners:
S J Gageler with M A Perry and C J Horan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
P A Keane QC, Solicitor-General of the State of Queensland with G R Cooper intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Solicitor for the State of Queensland)
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