Plaintiff S157/2002 v Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJPLAINTIFF S157/2002  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA  DEFENDANTPlaintiff S157/2002 v Commonwealth of Australia[2003] HCA 24 February 2003S157/2002ORDERThe questions reserved for consideration by the Full Court are answered as follows:Question 1Is section 486A of the Migration Act 1958 (Cth) invalid in respect of an application by the plaintiff to the High Court of Australia for relief under section 75(v) of the Constitution?AnswerUpon its proper construction, s 486A does not apply to the proceedings the plaintiff would initiate.  No question of the validity of s 486A arises in that regard.Question 2Is section 474 of the Migration Act 1958 (Cth) invalid in respect of an application by the plaintiff to the High Court of Australia for relief under section 75(v) of the Constitution?AnswerSection 474 would be invalid if, on its proper construction, it attempted to oust the jurisdiction conferred on the High Court by s 75(v) of the Constitution. However, on its proper construction, it does not attempt to do so. Section 474 is valid but does not apply to the proceedings the plaintiff would initiate.Question 3By whom should the costs of the proceeding in this Honourable Court be borne?AnswerThe Commonwealth should pay 75 per cent of the costs of the plaintiff of the proceeding.Representation:D J Colquhoun-Kerr with G J Williams for the plaintiff (instructed by Parish Patience Immigration Lawyers)D M J Bennett QC, Solicitor-General of the Commonwealth with N J Williams SC, S B Lloyd and G R Kennett for the defendant (instructed...