New South Wales v Kable

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJSTATE OF NSW  APPELLANTANDGREGORY WAYNE KABLE  RESPONDENTState of NSW v Kable[2013] HCA 265 June 2013S352/2012ORDER1.Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 8 August 2012 and, in their place, order that the appeal to that Court be dismissed with costs.3.The appellant pay the respondent's costs of the application for special leave to appeal and of the appeal to this Court.On appeal from the Supreme Court of New South WalesRepresentationM G Sexton SC, Solicitor-General for the State of New South Wales and M J Leeming SC with J E Davidson for the appellant (instructed by Crown Solicitor (NSW))P W Bates with P G White for the respondent (instructed by Armstrong Legal)IntervenersJ T Gleeson SC, Solicitor-General of the Commonwealth with A M Mitchelmore for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))S G E McLeish SC, Solicitor-General for the State of Victoria with R J Orr for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)G R Donaldson SC, Solicitor-General for the State of Western Australia with K H Glancy for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))Notice:  This copy of the Court's Reasons for Judgment is...