Kirmani v Captain Cook Cruises Pty Ltd; Green (Third Party) [No 2] [1985] HCA 27
The certificate under s. 74 of the Constitution was refused because the limited purpose of that jurisdiction has long since been spent, the jurisdiction is obsolete, and the High Court should not abdicate its final constitutional responsibility to decide questions concerning Commonwealth and State powers and the constitutional law of Australia.
- Jurisdiction
- Australia
- Procedural Posture
- Application for a Certificate Under S. 74 of the Constitution / Application Refused
- Outcome
- Application refused.
- Legal Topics
- ['s. 74 Certificate' 'privy Council Appeals' 'inter Se Questions' 'external Affairs Power' 'statute of Westminster']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for a Certificate Under S. 74 of the Constitution / Application Refused
Legal Issues
- 1 ['Whether the High Court should grant a certificate under s. 74 of the Constitution permitting an appeal to the Privy Council.' 'Whether questions concerning the scope of the external affairs power and the effect of the Statute of Westminster justified granting a s. 74 certificate.']
Ratio Decidendi
The certificate under s. 74 of the Constitution was refused because the limited purpose of that jurisdiction has long since been spent, the jurisdiction is obsolete, and the High Court should not abdicate its final constitutional responsibility to decide questions concerning Commonwealth and State powers and the constitutional law of Australia.
Court Disposition
Application refused.
Orders
- ['Application refused.' 'Order that the Attorney-General for Queensland pay the costs of the plaintiff.']
Full Case Text
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