February special leave rundown

Here are the cases that received special leave on Friday:

Cyril Henschke Pty Ltd v Commissioner of State Taxation [2009] SASC 148

Chiefly, regarding the nature of property rights in a partnership interest. The question is whether stamp duty ought to be paid when a partner leaves the partnership.

Totani v State of South Australia [2009] SASC 301

Validity of control orders under the Serious and Organised Crime (Control) Act 2008 (SA) (i.e the bikie legislation). Whether legislation invalid by application of Kable.

Secretary, Department of Justice v Osland (No 2) [2009] VSCA 69
Marjorie Osland is back in the High Court. She is still seeking documents under FOI legislation that relate to her petition for mercy. It must be like Christmas over at Open and Shut. [UPDATE 23/2/2010: Peter Timmins at O&S has a better summary of the grant of leave.]

R v Dupas (No 3) [2009] VSCA 202

The epic trial against Peter Dupas continues. The question for the High Court will be whether a stay of proceedings ought to have been ordered by the trial judge by virtue of the pre trial media coverage of the case.

Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84

The case concerns the receipt by a third party of a cheque which has earlier been obtained by fraud by another person. It reads like a law school exam regarding agency and BFPFVWN.

Snedden v Republic of Croatia [2009] FCAFC 111

Croatia is appealing an order of the Federal Court rejecting an application for extradition of ‘Captain Dragan’ for war crimes in Croatia on the grounds that he may be punished or imprisoned on return to Croatia by reason of his nationality or political opinions.

Sheehan v State Rail Authority; Wicks v SRA [2009] NSWCA 261

Relates to the 2003 Waterfall Rail disaster, and concerns whether liability in negligence for nervous shock suffered by the witness of an accident under the Civil Liability Act 2002 (NSW) extends to rescue workers.


One notable case for which Leave was not granted was University of Western Australia v Gray [2009] FCAFC 116. That case put the Academia profession into a spin when it was found that a university may not own the inventions made by its academic staff. And the trial judge? None other than former Federal Court judge and current High Court Chief Justice Bob French.

[UPDATE 18/2/2010: transcripts for these leave applications are now up]