High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
PETER JAMES SPENCER APPLICANT
AND
COMMONWEALTH OF AUSTRALIA RESPONDENT
Spencer v Commonwealth of Australia [2010] HCA 28
1 September 2010
S87/2009
ORDER
1. Special leave to appeal granted.
2. Appeal treated as instituted and heard instanter and allowed with costs.
3. The orders of the Full Court of the Federal Court of Australia made on 24 March 2009 be set aside and in lieu thereof it be ordered that:
(a) The appeal be allowed with costs.
(b) Orders 2 and 3 of the orders made by Emmett J on 28 August 2008 be set aside and in lieu thereof it be ordered that:
(i) The respondent's motion of 26 July 2007 be dismissed.
(ii) The respondent pay the applicant's costs of the motion.
On appeal from the Federal Court of Australia
Representation
P E King with D H Godwin for the applicant (instructed by McKells)
S J Gageler SC, Solicitor-General of the Commonwealth with A Robertson SC and C L Lenehan for the respondent (instructed by Australian Government Solicitor)
Interveners
R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell SC intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia)
P M Tate SC, Solicitor-General for the State of Victoria with S P Donaghue intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
M G Hinton QC, Solicitor-General for the State of South Australia with S A McDonald intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for South Australia)
J K Kirk intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))
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