Crump v New South Wales

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Crump v New South Wales

[2012] HCA 20

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Crump v New South Wales

[2012] HCA 20

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJKEVIN GARRY CRUMP  PLAINTIFFANDSTATE OF NEW SOUTH WALES & ANOR  DEFENDANTSCrump v New South Wales [2012] HCA 204 May 2012S165/2011ORDERThe questions reserved in the special case dated 28 November 2011 be answered as follows:Question 1:Is s 154A of the Crimes (Administration of Sentences) Act 1999 (NSW), in its purported application to the plaintiff, invalid, in that it has the effect of:varying or otherwise altering a judgment, decree, order or sentence of the Supreme Court of New South Wales in a "matter" within the meaning of s 73 of the Constitution?Answer:         No.Question 2:   Who should pay the costs of the special case?Answer:         There should be no order as to costs.RepresentationB W Walker SC with G E S Ng for the plaintiff (instructed by Legal Aid NSW)M G Sexton SC, Solicitor-General for the State of New South Wales with N J Adams and A M Mitchelmore for the first defendant (instructed by Crown Solicitor (NSW)) Submitting appearance for the second defendantIntervenersS J Gageler SC, Solicitor-General of the Commonwealth with K C Morgan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Law (Qld))S G E McLeish SC, Solicitor-General for the State of Victoria with E A Bennett intervening on behalf of the Attorney-General for the State of Victoria...

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Crump v New South Wales

[2012] HCA 20

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJKEVIN GARRY CRUMP  PLAINTIFFANDSTATE OF NEW SOUTH WALES & ANOR  DEFENDANTSCrump v New South Wales [2012] HCA 204 May 2012S165/2011ORDERThe questions reserved in the special case dated 28 November 2011 be answered as follows:Question 1:Is s 154A of the Crimes (Administration of Sentences) Act 1999 (NSW), in its purported application to the plaintiff, invalid, in that it has the effect of:varying or otherwise altering a judgment, decree, order or sentence of the Supreme Court of New South Wales in a "matter" within the meaning of s 73 of the Constitution?Answer:         No.Question 2:   Who should pay the costs of the special case?Answer:         There should be no order as to costs.RepresentationB W Walker SC with G E S Ng for the plaintiff (instructed by Legal Aid NSW)M G Sexton SC, Solicitor-General for the State of New South Wales with N J Adams and A M Mitchelmore for the first defendant (instructed by Crown Solicitor (NSW)) Submitting appearance for the second defendantIntervenersS J Gageler SC, Solicitor-General of the Commonwealth with K C Morgan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Law (Qld))S G E McLeish SC, Solicitor-General for the State of Victoria with E A Bennett intervening on behalf of the Attorney-General for the State of Victoria...