The High Court found in favour of IceTV, with the joint judgment of Gummow, Hayne and Heydon making reference to the ADA’s submissions.
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Five judges (Chief Justice Gleeson and Justices Gummow, Hayne, Heydon and Crennan) joined in the leading majority judgment allowing the ACCC's appeal.
Over 60 years after Starke's retirement, Justice Dyson Heydon, in his reasons for allowing an appeal brought by Jayant Patel against manslaughter convictions, noted that Patel's charge sheet listed fraud charges before manslaughter charges and said: "The young Hayden Starke would have applauded this decision to place important questions of dollars and cents ahead of mere manslaughter matters".