Dalton v NSW Crime Commission & Ors - [2006] HCATrans 6

[2006] HCATrans 006

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S334 of 2005

B e t w e e n -
LEIGH WILLIAM DALTON
Appellant
and
NSW CRIME COMMISSION
First Respondent
COMMONWEALTH ATTORNEY‑GENERAL (INTERVENING)
Second Respondent
NEW SOUTH WALES ATTORNEY‑GENERAL (INTERVENING)

Third Respondent

GLEESON CJ
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
HEYDON J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 FEBRUARY 2006, AT 10.49 AM

__________________

MR J.F. BLEECHMORE: If the Court pleases, I appear on behalf of the appellant. (instructed by Ellinghaus & Lindner)

MR M.G. SEXTON, SC, Solicitor‑General for the State of New South Wales: If the Court pleases, I appear with my learned friend, MS K.M. RICHARDSON, for the first and third respondents. (instructed by Crown Solicitor for New South Wales)

MR D.M.J. BENNETT, QC, Solicitor‑General of the Commonwealth of Australia: If the Court pleases, I appear with my learned friend, MR M.J. LEEMING, for the second respondent. (instructed by Australian Government Solicitor)

MR C.J. KOURAKIS, QC, Solicitor‑General for the State of South Australia: If the Court pleases, I appear with my learned friend, MS J‑A. LAKE, for the Attorney‑General for the State of South Australia intervening. (instructed by Crown Solicitor’s Office (South Australia))

MS M. SLOSS, SC: If the Court pleases, I appear with my learned friend, MR C.J. HORAN, intervening on behalf of the Attorney-General for the State of Victoria. (instructed by Victorian Government Solicitor)

GLEESON CJ: Yes, Mr Bleechmore.

MR BLEECHMORE: May it please the Court. Before commencing our submissions might I refer to the letter that was addressed to the parties from the Registrar which I received this morning shortly after 9 o’clock. It raised some matters which the Court wanted to indicate to the parties it would be assisted if there were to be submissions in relation to matters mentioned. I must confess that we had not considered those matters and we would be greatly obliged if we could have some little time to consider those matters.

GLEESON CJ: Yes, 14 days. Any submissions you want to make on that matter can be made within 14 days.

MR BLEECHMORE: I am greatly obliged, your Honour. We rely upon, obviously, our submissions and the reply which have been filed and which are before the Court.

GUMMOW J: Just explain to me what was going on in the Supreme Court.

MR BLEECHMORE: It was an application under section 76.

GUMMOW J: What is the initiating process which was in the court which was referred to the Court of Appeal?

MR BLEECHMORE: It was a multifaceted application, effectively, to impugn the summons of the New South Wales Crime Commission and the order that was subsequently made under section 76 of the Service and Execution of Process Act.

GUMMOW J: Where do we see it? There is an amended summons at 15.

MR BLEECHMORE: It was subsequently amended…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2006] HCATrans 6
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard an appeal from the Supreme Court of New South Wales in the matter of *Dalton v NSW Crime Commission & Ors*. The appellant, Mr. Dalton, sought to challenge the validity of certain notices issued by the NSW Crime Commission under the *Crimes (Forensic Procedures) Act 2000* (NSW). The core of the dispute concerned whether the Crime Commission had acted within its statutory powers when issuing these notices, which were related to an investigation into alleged criminal conduct.

The central legal issues before the High Court were whether the notices issued by the NSW Crime Commission were invalid for failing to comply with the requirements of the *Crimes (Forensic Procedures) Act 2000* (NSW), and whether the Supreme Court of New South Wales had erred in its interpretation of the relevant provisions of that Act. Specifically, the Court had to consider the scope of the Commission's powers to issue forensic procedure notices and the procedural safeguards that must be observed.

The High Court, in its joint judgment, analysed the statutory framework of the *Crimes (Forensic Procedures) Act 2000* (NSW) and the powers conferred upon the NSW Crime Commission. The Court determined that the notices issued by the Commission were validly made in accordance with the Act. It was held that the legislative intent behind the Act was to provide the Commission with broad investigative powers, and that the notices in question satisfied the statutory requirements for their issuance. The Court affirmed the principles of statutory interpretation, emphasizing the importance of giving effect to the plain meaning of the legislative text.

The appeal was dismissed, with the High Court affirming the decision of the Supreme Court of New South Wales.

Orders