Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2

HIGH COURT OF AUSTRALIA

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

WORK HEALTH AUTHORITY APPELLANT

AND

OUTBACK BALLOONING PTY LTD & ANOR RESPONDENTS

Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2 6 February 2019 D4/2018

ORDER

1. Appeal allowed.

2. Set aside the order made in paragraph 1 of the order of the Court of Appeal of the Supreme Court of the Northern Territory made on 19 October 2017 and the order made in paragraph 1 of the order made on 28 March 2018 and, in their place, order that the appeal to that Court be dismissed with costs.

3. The first respondent pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of the Northern Territory

Representation

S L Brownhill SC, Solicitor-General for the Northern Territory, and T Moses for the appellant (instructed by Solicitor for the Northern Territory)

J T Gleeson SC with T J Brennan for the first respondent (instructed by GSG Legal)

Submitting appearance for the second respondent

S P Donaghue QC, Solicitor-General of the Commonwealth, with Z C Heger and T M Wood 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 F J Nagorcka for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law Queensland)

M E O'Farrell SC, Solicitor-General for the State of Tasmania, with S Elankovan for the Attorney-General for the State of Tasmania, intervening (instructed by Office of the Solicitor-General – Tasmania)

K L Walker QC, Solicitor-General for the State of Victoria, with F I Gordon for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)

G T W Tannin SC with J A Godfrey for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor's Office (WA))