Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

ATTORNEY-GENERAL FOR THE STATE OF SOUTH AUSTRALIA APPELLANT

AND

THE CORPORATION OF THE CITY OF ADELAIDE & ORS RESPONDENTS

Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3 27 February 2013 A16/2012

ORDER

1. Appeal allowed.

2. Set aside paragraph 1 of the orders of the Full Court of the Supreme Court of South Australia made on 10 August 2011 and, in its place, order that:

(a) the appeal to that Court be allowed; and

(b) the orders of the District Court of South Australia made on 25 November 2010 be set aside and, in their place, order that:

(i) the application of Samuel Corneloup dated 2 November 2009 be dismissed; and

(ii) so much of the appeal of Caleb Corneloup by notice dated 28 July 2010 as sought to challenge the validity of By-law No 4 – Roads made by the Corporation of the City of Adelaide on 10 May 2004 be dismissed.

On appeal from the Supreme Court of South Australia

Representation

M G Hinton QC, Solicitor-General for the State of South Australia with L K Byers for the appellant (instructed by Crown Solicitor (SA))

M J Roder SC with R F Gray for the first respondent (instructed by Norman Waterhouse Lawyers)

The second respondent, C Corneloup, appeared in person

G O'L Reynolds SC with J C Hewitt and G R Rubagotti for the third respondent (instructed by Banki Haddock Fiora)

Interveners

T M Howe QC with C D Bleby SC for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

M G Sexton SC, Solicitor-General for the State of New South Wales with A M Mitchelmore for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))

S G E McLeish SC, Solicitor-General for the State of Victoria with A D Pound for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)