Five judges (Chief Justice Gleeson and Justices Gummow, Hayne, Heydon and Crennan) joined in the leading majority judgment allowing the ACCC's appeal.
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This was triggered by the Chief Justice of the High Court (sitting as a Court of Disputed Elections) declaring invalid the election of Sir Malcolm McEacharn to the seat in the 1903 federal election.
Gerard Brennan, former Chief Justice of Australia, current Justice of the Hong Kong Court of Final Appeal