High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJ
ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY & ANOR APPELLANTS
AND
REGINALD WILLIAM EMMERSON & ANOR RESPONDENTS
Attorney-General (NT) v Emmerson [2014] HCA 13 10 April 2014 D5/2013
ORDER
1. Appeal allowed.
2. Set aside the order of the Court of Appeal of the Northern Territory made on 28 March 2013 and paragraphs 1, 2 and 4 (first appearing) of the order of the Court of Appeal made on 13 May 2013 and, in their place, order that the appeal to that Court be otherwise dismissed with costs.
3. The second appellant pay the first respondent's costs in this Court.
On appeal from the Supreme Court of the Northern Territory
Representation
M P Grant QC, Solicitor-General for the Northern Territory with R H Bruxner and S L Brownhill for the appellants (instructed by Solicitor for the Northern Territory)
A Wyvill SC and N Christrup with P W Johnston for the first respondent (instructed by Ward Keller Lawyers)
Submitting appearance for the second respondent
Interveners
J T Gleeson SC, Solicitor-General of the Commonwealth with C J Horan 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 N L Sharp for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))
W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))
M G Hinton QC, Solicitor-General for the State of South Australia with A C Carter for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor (SA))
G R Donaldson SC, Solicitor-General for the State of Western Australia with K E McDonald for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))
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