Kartinyeri v Commonwealth (Hindmarsh Island Bridge Case) [1998] HCA 22

High Court of Australia Brennan CJ Gaudron, McHugh, Gummow, Kirby and Hayne JJ Kartinyeri v Commonwealth (Hindmarsh Island Bridge Case) (A29/1997) [1998] HCA 22

ORDER

1.

Order that the question reserved be answered as follows: on the facts pleaded in the Further Amended Statement of Claim and admitted in the Amended Defence, the question reserved for the consideration of the Full Court —

Is the Hindmarsh Island Bridge Act 1997 or any part thereof invalid in that it is not supported by s 51(xxvi) of the Constitution or any other head of Commonwealth legislative power?

Answer: No

2. Order that the plaintiffs pay the defendant's costs.

3. Reserve the question of costs to be paid by the interveners and direct that any application made for an order against the interveners be made on notice filed and served within fourteen days supported by written submissions, submissions in reply being filed within ten days thereafter.

Cur adv vult

The following written judgments were delivered:—

Callinan J

[heard full argument but did not deliver a judgment.]

1 April 1998 Brennan CJ and McHugh J.

1. The plaintiffs, by their further amended statement of claim, seek a declaration that the Hindmarsh Island Bridge Act 1997 Cth (the Bridge Act) is invalid. The Commonwealth by its amended defence admitted certain paragraphs of the further amended statement of claim. Pursuant to s 18 of the Judiciary Act 1903 Cth, Brennan CJ made the following order:

On the facts pleaded in the Further Amended Statement of Claim and admitted in the Amended Defence annexed hereto, there be reserved for the consideration of the Full Court the following question:—

[I]s the Hindmarsh Island Bridge Act 1997 or any part thereof invalid in that it is not supported by s 51(xxvi) of the Constitution or any other head of Commonwealth legislative power?