| Kirmani v Captain Cook Cruises Pty Ltd (No 2) | |
|---|---|
| Court | High Court of Australia |
| Full case name | Kirmani v Captain Cook Cruises Pty Ltd (No 2) |
| Date decided | 17 April 1985 |
| Citation(s) | (1985) 159 CLR 461; [1985] HCA 27 |
| Judge(s) sitting | Gibbs CJ, Mason, Wilson Brennan, Deane, Dawson JJ |
| Case history | |
| Prior action(s) | Kirmani v Captain Cook Cruises Pty Ltd (No 1) [1985] HCA 8; (1985) 159 CLR 351 |
| Subsequent action(s) | 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importance should be finally decided by the High Court and the jurisdiction to grant a certificate under s 74 is obsolete.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.
Up until the Kirmani v Captain Cook Cruises Pty Ltd (No 2) case, decisions of the High Court of Australia could be appealed to the Privy Council, if the High Court allowed it. In this case, every judge decided that the High Court itself would be the final court of appeal for Australian legal cases.