High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
Matter No S6/2009
ALAN ARNOLD & ORS APPLICANTS
AND
MINISTER ADMINISTERING THE WATER
MANAGEMENT ACT 2000 & ORS RESPONDENTS
Matter No S110/2009
ALAN ARNOLD & ORS APPELLANTS
AND
MINISTER ADMINISTERING THE WATER
MANAGEMENT ACT 2000 & ORS RESPONDENTS
Arnold v Minister Administering the Water Management Act 2000
[2010] HCA 3
10 February 2010
S6/2009 & S110/2009
ORDER
Matter No S6/2009
1. Grant special leave to include, as a further ground of appeal in Matter No S110/2009, the ground that the New South Wales Court of Appeal (CA [89]-[93]) erred in holding that the National Water Commission Act 2004 (Cth) and the 2005 Funding Agreement were not laws or regulations of trade or commerce within the meaning of s 100 of the Constitution.
2. Applicants to pay third respondent's costs.
Matter No S110/2009
1. Leave to the third respondent to file a Notice of Contention in the form of the draft annexed to its written submissions.
2. Upon the summons filed 13 August 2009 leave granted to the third respondent to file out of time a Notice of Contention limited to ground 2 of the draft.
3. Appeal dismissed.
4. Appellants to pay third respondent's costs.
On appeal from the Supreme Court of New South Wales
Representation
B W Walker SC with P T Taylor SC and P E King for the applicants/appellants (instructed by Taylor & Whitty Solicitors)
M G Sexton SC, Solicitor-General for the State of New South Wales with J K Kirk for the first and second respondents (instructed by Crown Solicitor (NSW))
S J Gageler SC, Solicitor-General of the Commonwealth and A Robertson SC with C L Lenehan for the third 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)
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