Clubb v Edwards [2019] HCA 11

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

Matter No M46/2018

KATHLEEN CLUBB APPELLANT

AND

ALYCE EDWARDS & ANOR RESPONDENTS

Matter No H2/2018

JOHN GRAHAM PRESTON APPELLANT

AND

ELIZABETH AVERY & ANOR RESPONDENTS

Clubb v Edwards Preston v Avery [2019] HCA 11 10 April 2019 M46/2018 & H2/2018

ORDER

Matter No M46/2018

1. So much of the appellant's appeal from the judgment of Magistrate Bazzani made on 11 October 2017 as has been removed into this Court is dismissed.

2. The appellant pay the respondents' costs.

Matter No H2/2018

1. So much of the appellant's appeal from the judgment of Magistrate Rheinberger made on 27 July 2016 as has been removed into this Court is dismissed.

2. The appellant pay the respondents' costs.

On appeal from the Magistrates' Court of Victoria (M46/2018) and the Magistrates Court of Tasmania (H2/2018)

Representation

G O'L Reynolds SC with F C Brohier and D P Hume for the appellant in both matters (instructed by Khor & Burr Lawyers and DL Legal Lawyers)

F L Dalziel with J M Davidson for the first respondent in M46/2018 (instructed by Director of Public Prosecutions (Vic))

K L Walker QC, Solicitor-General for the State of Victoria, with K E Foley and S Gory for the second respondent in M46/2018 and for the Attorney-General for the State of Victoria, intervening in H2/2018 (instructed by Victorian Government Solicitor)

M E O'Farrell SC, Solicitor-General for the State of Tasmania, with S K Kay for the respondents in H2/2018 (instructed by Solicitor-General for Tasmania)

S P Donaghue QC, Solicitor-General of the Commonwealth, with C L Lenehan and C G Winnett for the Attorney-General of the Commonwealth, intervening in both matters (instructed by Australian Government Solicitor)

P J Dunning QC, Solicitor-General of the State of Queensland, with F J Nagorcka for the Attorney-General of the State of Queensland, intervening in both matters (instructed by Crown Solicitor (Qld))