Ruhani v Director of Police

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJMOHAMMAD ARIF RUHANI  APPELLANTANDDIRECTOR OF POLICE THROUGH THE SECRETARY OF JUSTICE AS DIRECTOR OF PUBLIC PROSECUTOR               RESPONDENTRuhani v Director of Police[2005] HCA 42Date of order:  9 December 2004Date of publication of reasons:  31 August 2005Date of further orders:  31 August 2005C8/2004ORDERMade on 9 December 2004:The objection to the competency of the appeal is disallowed.Made on 31 August 2005:1.Motion seeking joinder of the Republic of Nauru and the Commonwealth of Australia dismissed.2.        Appellant to pay the costs of the respondent of the motion.3.Respondent to pay the costs of the appellant of the objection to competency.4.        Costs provided for in orders (2) and (3) be set off.On appeal from the Supreme Court of NauruRepresentation:G Griffith QC with K L Walker and L G De Ferrari for the appellant (instructed by Vadarlis & Associates)P J Hanks QC with S J Lee and S P Donaghue for the respondent (instructed by Clayton Utz)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRuhani v Director of Police Courts – High Court of Australia – Objection to competency – Whether High Court competent to hear and determine appeals from the Supreme Court of Nauru.Constitutional law (Cth) – Federal judicial power – Original jurisdiction of the High Court – Conferral of jurisdiction on the High Court to hear and determine appeals from the Supreme Court of Nauru – Nauru (High Court Appeals) Act 1976...