COMMISSIONER OF STATE REVENUE (VIC) v PIONEER CONCRETE (VIC) PTY LTD

Judges: Gleeson CJ
Gummow J
Kirby J
Hayne J

Callinan J

Court:
High Court of Australia

MEDIA NEUTRAL CITATION: [2002] HCA 43

Judgment date: 4 October 2002

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Callinan J

54. I agree with the reasons and conclusion of Gleeson CJ, Gummow, Kirby and Hayne JJ subject to one qualification only. I would not for myself accept that subsequent amendments to legislation may not on occasions be used as an aid to the construction of legislation in its unamended form. That a legislature has subsequently made particular provision to cover relevant events or circumstances may provide an indication that the legislation as earlier enacted was not intended to cover those events or circumstances at an earlier time. ^[20] Grain Elevators Board (Vic) v Dunmunkle Corporation (1946) 73 CLR 70 at 86 per Dixon J. See in particular Hunter Resources Ltd v Melville (1988) 164 CLR 234 at 254-255 per Dawson J.

ORDER

1. Appeal allowed with costs.

2. Set aside orders made by the Court of Appeal of Victoria on 2 May 2001 and, in lieu thereof, order that the appeal to that Court be dismissed with costs.

3. Remit the matter to the Supreme Court of Victoria for consideration of the outstanding issues.