Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51

HIGH COURT OF AUSTRALIA

EDELMAN J

PLAINTIFF S164/2018 APPELLANT

AND

MINISTER FOR HOME AFFAIRS RESPONDENT

Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51 7 November 2018 S229/2018

ORDER

1. The appeal be dismissed.

2. The summons filed on 24 September 2018 be dismissed.

3. The costs of the appeal be reserved.

4. The appellant pay the respondent's costs of the summons filed on 19 September 2018 and of the summons filed on 24 September 2018.

Representation

V A Kline for the appellant (instructed by Victor Alan Kline, Barrister)

C L Lenehan with K N Pham for the respondent (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Plaintiff S164/2018 v Minister for Home Affairs

High Court – Appellate jurisdiction – Leave to appeal – Circumstances when leave necessary – Distinction between interlocutory and final judgment – Where Judiciary Act 1903 (Cth) s 34(2) requires leave to appeal from interlocutory judgment of High Court exercising original jurisdiction – Where single Justice dismissed application for order to show cause – Where appellant filed notice of appeal without seeking leave to appeal – Whether judgment appealed from interlocutory or final – Whether appeal incompetent.

Courts – Jurisdiction – Different dimensions of jurisdiction – Where respondent entered unconditional appearance to the appeal – Whether submission to personal dimension of jurisdiction precludes respondent from impugning competency of appeal based on lack of subject matter jurisdiction.

Words and phrases – "application for an order nisi", "application for an order to show cause", "finally determines", "incompetent", "interlocutory judgment", "leave to appeal", "personal dimension of jurisdiction", "subject matter dimension of jurisdiction".