I like how Pape spun the case like some triumph. Considering he admitted that even if his case succeeds the government would just find some other way to get the spice credit flowing, it seems a bit of a waste of time to do this challenge. Moreover if you subscribe to that idea that stimulus actually helps (even assuming large chunks is saved instead of spent) this challenge just causes harm as it delays the money getting out.Bonus payments given green light
April 3, 2009, 11:38 am
The High Court has ruled the federal government's stimulus payments of up to $900 to 8.7 million taxpayers can proceed.
The ruling follows a legal challenge launched by academic Bryan Pape who argued that the payments constituted a gift, not a tax measure, for which the government had no constitutional powers.
The seven judges of the court's full bench on Friday ruled the legislation in relation to the measure was valid.
Chief Justice Robert French said the court had reached a decision by majority but did not outline which judges had dissented.
He said the court would fully explain its decision at a later date.
Justice French said the majority of judges had concluded that the bonus legislation was a valid law.
The majority also concluded there had been an appropriation of the Consolidated Revenue Fund within the meaning of the constitution.
Outside the court, Mr Pape said he was looking forward to reading the full reasons behind the court's decision.
He said it was a triumph that a citizen could challenge an act of parliament and have it heard in the nation's highest court in such a brief period.
Mr Pape said it was a battle worth fighting.
"It was a unique experience, a great experience for all Australians, in the sense that an individual can challenge the validity of a law," he told reporters.
"Within six weeks from the enactment, the High Court handed down its decision today. The most important part of this case is the reasons and they will not be published for some time."
Mr Pape said the action showed the excellence of Australia's judicial system that a challenge could be mounted and a result produced in such a short time.
"It is a great win for Australians. Probably the greatest gift that has ever been given to this country was the constitution and the way it works," he said.
Mr Pape said it was a majority decision in which some judges obviously dissented from the majority view.
He said he did not know if the decision to uphold the government's bonus payment measure indicated a massive expansion of commonwealth power.
"I don't know. Until you see the reasons you will not know that," he said.
Mr Pape said he didn't feel at all like Darryl Kerrigan, the Aussie battler from the 1997 movie, The Castle, who mounted a High Court challenge against the resumption of his home.
"No not at all.
"This is a really important case, that until you see the reasons you will not know the full implications for it."
Title edited for clarity-Bean
Because after that I want to go on an overseas trip, economic crisis be damned.