Levy v Victoria [1997] HCA 31

High Court of Australia Brennan CJ Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby JJ Levy v Victoria [1997] HCA 31

ORDER

1. Defendants' demurrer allowed.

2. The plaintiff pay the defendants' costs limited to one day of the hearing.

3. The Commonwealth, New South Wales, Queensland, South Australia and Western Australia pay to the plaintiff and to the defendants a proportion of the costs incurred by each of them to be taxed as between party and party in relation to the proceedings in the High Court, the proportion to be determined by the taxing officer by reference to the time by which the hearing of the matter before the Full Court was extended by submissions made on behalf of those interveners.

4. The corporations described as "the Fairfax interests", Nationwide News Pty Ltd, the Herald & Weekly Times Ltd, and the Seven Network Ltd pay to the plaintiff and to the defendants a proportion of the costs incurred by each of them to be taxed as between party and party in relation to the proceedings in the High Court, the proportion to be determined by the taxing officer by reference to the time by which the hearing of the matter before the Full Court was extended by submissions made on behalf of those interveners.

Cur adv vult

The following written judgments were delivered:—

31 July 1997 Brennan CJ.

On 7 June 1994 the two personal defendants laid informations charging the plaintiff with summary offences pursuant to the Wildlife (Game) (Hunting Season) Regulations 1994 (Vict) [1] (the Hunting Season Regulations). Summonses issued on the informations were returnable before the St Arnaud's Magistrates' Court, Victoria. The plaintiff was charged with three offences of "enter[ing] into or upon a permitted hunting area during prohibited times without holding an authority to do so, in breach of Regulation 5(1)(a) of SR 27 of 1994". The offences allegedly occurred at Donald in the State of Victoria, on 19 and 20 March 1994. Regulation 5 of the Hunting Season Regulations read as follows: