High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL, GAGELER, KEANE, NETTLE AND GORDON JJ
Matter No B52/2016
CLIVE FREDERICK PALMER PLAINTIFF
AND
MARCUS WILLIAM AYRES, STEPHEN JAMES PARBERY AND MICHAEL ANDREW OWEN IN THEIR CAPACITIES AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD (IN LIQ) & ORS DEFENDANTS
Matter No B55/2016
IAN MAURICE FERGUSON PLAINTIFF
AND
MARCUS WILLIAM AYRES, STEPHEN JAMES PARBERY AND MICHAEL ANDREW OWEN IN THEIR CAPACITIES AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD (IN LIQ) DEFENDANTS
Palmer v Ayres Ferguson v Ayres [2017] HCA 5 Date of Order: 10 November 2016 Date of Publication of Reasons: 8 February 2017 B52/2016 & B55/2016
ORDER
In each matter:
1. The question reserved for the consideration of the Full Court pursuant to s 18 of the Judiciary Act 1903 (Cth) is answered as follows:
Question: Is s 596A of the Corporations Act 2001 (Cth) invalid as contrary to Chapter III of the Constitution in that it confers non-judicial power on federal courts and on courts exercising federal jurisdiction?
Answer: No.
2. The writ of summons is dismissed.
3. The plaintiff pay the defendants' costs.
Representation
D F Jackson QC with L T Livingston and L M Jackson for the plaintiff in B52/2016 (instructed by JW Smith & Associates)
P Zappia QC with N H Ferrett and T R March for the plaintiff in B55/2016 (instructed by Haseler Law)
T P Sullivan QC with C M Muir and A C Stumer for the first defendants in B52/2016 and the defendants in B55/2016 (instructed by King & Wood Mallesons)
B W Walker SC with C G C Curtis for the second defendants in B52/2016 (instructed by HWL Ebsworth Lawyers)
T M Howe QC, Acting Solicitor-General of the Commonwealth with J A Watson and R J May for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)
P J Dunning QC, Solicitor-General of the State of Queensland with A D Keyes for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))
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