New South Wales v Lepore

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJSTATE OF NEW SOUTH WALES  APPELLANTANDANGELO LEPORE & ANOR  RESPONDENTSNew South Wales v Lepore [2003] HCA 46 February 2003S108/2002ORDER1.   Appeal allowed in part.2.   Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment entered in the District Court on 16 April 1999 be wholly set aside and that there be a new trial.3.   Appellant to pay the costs of the appeal to this Court. 4.   Costs of the new trial to abide its outcome. On appeal from the Supreme Court of New South WalesRepresentation:M G Sexton SC, Solicitor-General for the State of New South Wales with C T Barry QC and N L Sharp for the appellant (instructed by Crown Solicitor for the State of New South Wales)A S Morrison SC with J Oakley for the first respondent (instructed by Milicevic Solicitors)No appearance for the second respondentInterveners:B M Selway QC, Solicitor-General for the State of South Australia with J G Masters intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)B M Selway QC, Solicitor-General for the State of South Australia with J C Pritchard intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to...