Alqudsi v The Commonwealth

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Alqudsi v The Commonwealth

[2015] HCA 49

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Alqudsi v The Commonwealth

[2015] HCA 49

HIGH COURT OF AUSTRALIAFRENCH CJMatter No S119/2015HAMDI ALQUDSI  PLAINTIFFANDTHE COMMMONWEALTH OF AUSTRALIA  DEFENDANTMatter No S132/2015HAMDI ALQUDSI  APPLICANTANDTHE QUEEN  RESPONDENTAlqudsi v The Commonwealth Alqudsi v The Queen[2015] HCA 4920 July 2015S119/2015 & S132/2015ORDERMatter No S119/20151.The proceeding be remitted to the Supreme Court of New South Wales. 2.The proceeding continue in that Court as if the steps already taken in the proceeding in this Court have been taken in that Court. 3.The Registrar of this Court forward to the proper officer of that Court photocopies of all documents filed in this Court. 4.The costs of the Commonwealth's amended summons, this summons, be the costs in the cause remitted. 5.The costs of the proceeding to the date of remission, including the costs of this order, are to be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable to that Court and in the discretion of that Court.6.The costs of the plaintiff's summons of 15 July 2015 will be costs in the cause. Matter No S132/20151.The application for removal is dismissed.2.There will be no order as to costs.RepresentationS B Lloyd SC with D P Hume for the plaintiff/applicant (instructed by Zali Burrows Lawyers)C L Lenehan for the defendant/respondent (instructed by Australian Government Solicitor and the Commonwealth Director of Public Prosecutions)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAlqudsi v The CommonwealthAlqudsi v The Queen Remitter summons – Plaintiff sought declaratory relief that s...

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Alqudsi v The Commonwealth

[2015] HCA 49

HIGH COURT OF AUSTRALIAFRENCH CJMatter No S119/2015HAMDI ALQUDSI  PLAINTIFFANDTHE COMMMONWEALTH OF AUSTRALIA  DEFENDANTMatter No S132/2015HAMDI ALQUDSI  APPLICANTANDTHE QUEEN  RESPONDENTAlqudsi v The Commonwealth Alqudsi v The Queen[2015] HCA 4920 July 2015S119/2015 & S132/2015ORDERMatter No S119/20151.The proceeding be remitted to the Supreme Court of New South Wales. 2.The proceeding continue in that Court as if the steps already taken in the proceeding in this Court have been taken in that Court. 3.The Registrar of this Court forward to the proper officer of that Court photocopies of all documents filed in this Court. 4.The costs of the Commonwealth's amended summons, this summons, be the costs in the cause remitted. 5.The costs of the proceeding to the date of remission, including the costs of this order, are to be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable to that Court and in the discretion of that Court.6.The costs of the plaintiff's summons of 15 July 2015 will be costs in the cause. Matter No S132/20151.The application for removal is dismissed.2.There will be no order as to costs.RepresentationS B Lloyd SC with D P Hume for the plaintiff/applicant (instructed by Zali Burrows Lawyers)C L Lenehan for the defendant/respondent (instructed by Australian Government Solicitor and the Commonwealth Director of Public Prosecutions)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAlqudsi v The CommonwealthAlqudsi v The Queen Remitter summons – Plaintiff sought declaratory relief that s...