| Kirmani v Captain Cook Cruises Pty Ltd (No 2) |
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| High Court of Australia |
| Full case name |
Kirmani v Captain Cook Cruises Pty Ltd (No 2) |
| Date decided |
17 April 1985 |
| Citations |
(1985) 159 CLR 461; [1985] HCA 27 |
| Judges sitting |
Gibbs CJ, Mason, Wilson Brennan, Deane, Dawson JJ |
| Case history |
| Prior actions: |
Kirmani v Captain Cook Cruises Pty Ltd (No 1) [1985] HCA 8; (1985) 159 CLR 351 |
| Subsequent actions: |
none |
| Case opinions |
| (per curiam) The circumstance that a question is of great importance and that opinions are divided upon it does not provide a reason for granting a certificate. Questions of constitutional importance should be finally decided by the High Court and the jurisdiction to grant a certificate under s 74 is obsolete. |
Kirmani v Captain Cook Cruises Pty Ltd (No 2) [1985] HCA 27; (1985) 159 CLR 461, was a decision handed down in the High Court of Australia on 17 April 1985 concerning section 74 of the Constitution of Australia. The Court denied an application by Attorney-General for Queensland for a certificate that the questions of law arising from the Court's decision in Kirmani v Captain Cook Cruises Pty Ltd (No 1) ought to be determined by the Privy Council.
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