High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
DEREK JAMES WAINOHU PLAINTIFF
AND
THE STATE OF NEW SOUTH WALES DEFENDANT
Wainohu v New South Wales [2011] HCA 24
23 June 2011
S164/2010
ORDER
Order that the questions stated in the special case be answered as follows:
Question 1: Is the Crimes (Criminal Organisations Control) Act 2009 (NSW) or any provision or part of it invalid on the grounds that:
1. it undermines the institutional integrity of the Supreme Court of New South Wales; or 2. it is outside the legislative powers of the Parliament of the defendant?
Answer: The Crimes (Criminal Organisations Control) Act 2009 (NSW) is invalid.
Question 2: Who should pay the costs of the special case and/or of the proceedings?
Answer: The defendant is to pay the costs of the plaintiff of the special case.
Representation
M A Robinson with W Baffsky and B J Tronson for the plaintiff (instructed by Hardinlaw Solicitors)
M G Sexton SC, Solicitor-General for the State of New South Wales and L A Babb SC with J G Renwick for the defendant and intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))
S J Gageler SC, Solicitor-General of the Commonwealth with C C Spruce intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
R J Meadows QC, Solicitor-General for the State of Western Australia and R M Mitchell SC with C S Bydder intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor (WA))
W Sofronoff QC, Solicitor-General of the State of Queensland with G P Sammon and A D Scott intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Law (Qld))
M G Hinton QC, Solicitor-General for the State of South Australia with L K Byers intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor (SA))
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