High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ
GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ
Matter No D2/2007
ATTORNEY-GENERAL FOR THE
NORTHERN TERRITORY APPELLANT
AND
CAMERON OWEN CHAFFEY & ANOR RESPONDENTS
Matter No D3/2007
SANTOS LIMITED APPELLANT
AND
CAMERON OWEN CHAFFEY & ANOR RESPONDENTS
Attorney-General for the Northern Territory v Chaffey
Santos Limited v Chaffey
[2007] HCA 34
2 August 2007
D2/2007 & D3/2007
ORDER
1. Appeals allowed.
2. Set aside the order of the Full Court of the Supreme Court of the Northern Territory made on 15 September 2006 and, in its place, order that the questions asked in the special case be answered as follows:
(1)
Q. Whether for the period up to 26 January 2005 the amendment constitutes an acquisition of the Worker's property inconsistent with s 50 of the Northern Territory (Self-Government) Act and as such is invalid to the extent of such inconsistency?
A. No.
(2)
Q. Whether for the period after 26 January 2005 the amendment constitutes an acquisition of the Worker's property inconsistent with s 50 of the Northern Territory (Self-Government) Act and as such is invalid to the extent of such inconsistency?
A. No.
3. The appellants to pay the respondents' costs of the appeals to this Court.
On appeal from the Supreme Court of the Northern Territory
Representation
T I Pauling QC Solicitor-General for the Northern Territory with S L Brownhill for the appellant in D2/2007 and the second respondent in D3/2007 (instructed by Solicitor for the Northern Territory)
S J Gageler SC with P M Barr QC for the second respondent in D2/2007 and the appellant in D3/2007 (instructed by Hunt & Hunt)
B W Walker SC with M P Grant QC and N Christrup for the first respondent in both matters (instructed by Ward Keller Lawyers)
D M J Bennett QC Solicitor-General of the Commonwealth of Australia with M A Perry QC and G M Aitken intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solicitor)
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