Smith v ANL Limited [2000] HCA 58

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

STEPHEN PAUL SMITH APPELLANT

AND

ANL LIMITED RESPONDENT

Smith v ANL Limited [2000] HCA 58

16 November 2000

P56/1999

ORDER

1. Amend the style of the respondent to "ANL Limited".

2. Appeal allowed with costs.

3. Set aside orders of the Full Court of the Supreme Court of Western Australia made on 18 November 1998 and, in lieu thereof, order that:

(a) the appeal to that Court from the orders of Registrar Powell dated 9 September 1996 be allowed with costs, those orders be set aside and the application to the Registrar be dismissed with costs;

(b) the appeal to that Court from the orders of Ipp J dated 27 August 1996 be allowed with costs and question 2 of the questions of law ordered to be tried by Owen J on 17 June 1996 as preliminary questions of law be answered: "Section 54 of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) is invalid in its application to the causes of action pleaded by the plaintiff";

(c) costs of the trial of the preliminary questions, including any reserved costs, be the plaintiff's costs in the action.

On appeal from the Supreme Court of Western Australia

Representation:

P J Hanks QC with N J Mullany for the appellant (instructed by Slater & Gordon)

G H Murphy for the respondent (instructed by Cocks Macnish)

Intervener:

D M J Bennett QC, Solicitor-General of the Commonwealth with G R Kennett intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Smith v ANL Limited

Constitutional law (Cth) – Acquisition of property on just terms – Seaman injured on ship during course of employment – Legislation barred existing common law rights to bring action and allowed an action to be brought within six-month period – Whether a law with respect to the acquisition of property on just terms.