High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
KEVIN GARRY CRUMP PLAINTIFF
AND
STATE OF NEW SOUTH WALES & ANOR DEFENDANTS
Crump v New South Wales
[2012] HCA 20
4 May 2012
S165/2011
ORDER
The questions reserved in the special case dated 28 November 2011 be answered as follows:
Question 1: Is s 154A of the Crimes (Administration of Sentences) Act 1999 (NSW), in its purported application to the plaintiff, invalid, in that it has the effect of:
varying or otherwise altering a judgment, decree, order or sentence of the Supreme Court of New South Wales in a "matter" within the meaning of s 73 of the Constitution?
Answer: No.
Question 2: Who should pay the costs of the special case?
Answer: There should be no order as to costs.
Representation
B W Walker SC with G E S Ng for the plaintiff (instructed by Legal Aid NSW)
M G Sexton SC, Solicitor-General for the State of New South Wales with N J Adams and A M Mitchelmore for the first defendant (instructed by Crown Solicitor (NSW))
Submitting appearance for the second defendant
Interveners
S J Gageler SC, Solicitor-General of the Commonwealth with K C Morgan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Law (Qld))
S G E McLeish SC, Solicitor-General for the State of Victoria with E A Bennett intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
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))
M G Evans QC with A J Keane intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor (SA))
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