Ruhani v Director of Police [2005] HCA 42

HIGH COURT OF AUSTRALIA

GLEESON CJ,

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

MOHAMMAD ARIF RUHANI APPELLANT

AND

DIRECTOR OF POLICE THROUGH THE SECRETARY

OF JUSTICE AS DIRECTOR OF PUBLIC PROSECUTOR RESPONDENT

Ruhani v Director of Police

[2005] HCA 42

Date of order: 9 December 2004

Date of publication of reasons: 31 August 2005

Date of further orders: 31 August 2005

C8/2004

ORDER

Made on 9 December 2004:

The objection to the competency of the appeal is disallowed.

Made on 31 August 2005:

1. Motion seeking joinder of the Republic of Nauru and the Commonwealth of Australia dismissed.

2. Appellant to pay the costs of the respondent of the motion.

3. Respondent to pay the costs of the appellant of the objection to competency.

4. Costs provided for in orders (2) and (3) be set off.

On appeal from the Supreme Court of Nauru

Representation:

G Griffith QC with K L Walker and L G De Ferrari for the appellant (instructed by Vadarlis & Associates)

P J Hanks QC with S J Lee and S P Donaghue for the respondent (instructed by Clayton Utz)

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

CATCHWORDS

Ruhani v Director of Police

Courts – High Court of Australia – Objection to competency – Whether High Court competent to hear and determine appeals from the Supreme Court of Nauru.

Constitutional law (Cth) – Federal judicial power – Original jurisdiction of the High Court – Conferral of jurisdiction on the High Court to hear and determine appeals from the Supreme Court of Nauru – Nauru (High Court Appeals) Act 1976 (Cth) ("the Act") enacted to implement Agreement between Australia and Nauru relating to such appeals – Whether law conferring original jurisdiction on the High Court – Relevance of use of appellate nomenclature in the Act – Relevance of source and identity of rights and obligations to be adjudicated under the Act – Relevance of simultaneous creation and enforcement of rights in the Act – Whether proceedings brought in a matter arising under any law made by Parliament where rights and obligations defined by reference to law of another polity.