High Court of Australia
High Court of Australia Brennan CJ Dawson, Toohey, Gaudron, McHugh and Gummow JJ Kruger v Commonwealth (M21/1995) [1997] HCA 27
ORDER Kruger v The Commonwealth
1. The questions reserved for the consideration of the Full Court be answered as follows:
Q.1. Is the legislative power conferred by s 122 of the Constitution or the power to enact the Ordinances and regulations referred to in pars 7-12 inclusive of the Amended Statement of Claim so restricted by any and which of the rights, guarantees, immunities, freedoms, or provisions referred to in par 29 of the amended statement of claim as to invalidate the Acts, Ordinances and regulations referred to in pars A, B, C and D of the claim to the extent pleaded in those paragraphs?
A. No.
Q.2. Does the Constitution contain any right, guarantee, immunity, freedom or provision as referred to in par 29 of the amended statement of claim, a breach of which by —
(a) an officer of the Commonwealth; or
(b) a person acting for and on behalf of the Commonwealth;
gives rise to a right of action (distinct from a right of action in tort or for breach of contract) against the Commonwealth sounding in damages?
A. No.
Q.3. If yes to question 1 or question 2, are any and which of the matters pleaded in subpars (d) and (e) of par 29 of the amended defence relevant to the existence, scope or operation at any material time of any and which of the rights, guarantees, immunities, freedoms and provisions?
A. Unnecessary to answer.
Q.4. If yes to question 2 —
(a) on the facts pleaded in pars 1 to 6 of the amended statement of claim, are the plaintiffs' claims (or any of them) for damages for breach of a constitutional right, guarantee, immunity, freedom or provision statute barred?
(b) by what statute?
A. Unnecessary to answer.
Q.5. If yes to question 2, on the facts pleaded in —
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