Wainohu v New South Wales

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJDEREK JAMES WAINOHU  PLAINTIFFANDTHE STATE OF NEW SOUTH WALES  DEFENDANTWainohu v New South Wales [2011] HCA 2423 June 2011S164/2010ORDEROrder that the questions stated in the special case be answered as follows:Question 1:Is the Crimes (Criminal Organisations Control) Act 2009 (NSW) or any provision or part of it invalid on the grounds that:a.   it undermines the institutional integrity of the Supreme Court of New South Wales; orb.   it is outside the legislative powers of the Parliament of the defendant?Answer:The Crimes (Criminal Organisations Control) Act 2009 (NSW) is invalid.Question 2:Who should pay the costs of the special case and/or of the proceedings?Answer:The defendant is to pay the costs of the plaintiff of the special case.RepresentationM A Robinson with W Baffsky and B J Tronson for the plaintiff (instructed by Hardinlaw Solicitors)M G Sexton SC, Solicitor-General for the State of New South Wales and L A Babb SC with J G Renwick for the defendant and intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))S J Gageler SC, Solicitor-General of the Commonwealth with C C Spruce intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)R J Meadows QC, Solicitor-General for the State of Western Australia and R M Mitchell SC with C S Bydder intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor (WA))W Sofronoff QC, Solicitor-General of the State of...