Dalton v NSW Crime Commission & Ors

[2005] HCATrans 312

[2005] HCATrans 312

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S43 of 2005

B e t w e e n -

LEIGH WILLIAM DALTON

Applicant

and

NEW SOUTH WALES CRIME COMMISSION

First Respondent

COMMONWEALTH ATTORNEY‑GENERAL (Intervening)

Second Respondent

NEW SOUTH WALES ATTORNEY‑GENERAL (Intervening)

Third Respondent

Summons

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 6 MAY 2005, AT 9.32 AM

Copyright in the High Court of Australia

__________________

MR M.G. SEXTON, SC, Solicitor‑General for the State of New South Wales:   May it please the Court, I appear with my learned friend, MS K.M. RICHARDSON, for the first respondent.  (instructed by Crown Solicitor for the State of New South Wales)  

HIS HONOUR:   The Court holds a certificate from the Deputy Registrar stating that the solicitor for the applicant has advised the applicant is neutral on the issue of expedition and he certifies also that he has been informed by the Solicitor‑General for the second respondent, which is the Commonwealth Attorney‑General as an intervenor, that the second respondent supports the application for expedition.  The third respondent, which is the New South Wales Attorney, does not wish to take any active role in the matter.  It looks like it is just you.  Yes, Mr Solicitor. 

MR SEXTON:   Your Honour, we move on the summons which was filed on 6 April and read the affidavit of Mark William Standen, which is dated 5 April.  As your Honour knows, we have put in some written submissions on the question of expedition. 

HIS HONOUR:   Yes.  What was the effect of the order made by the Court of Appeal on the continued life of this process of this summons? 

MR SEXTON:   I am not sure it has been specifically addressed by the Court of Appeal, but we would assume that the filing, of course, of the special leave application does not operate as a stay. 

HIS HONOUR:   No. 

MR SEXTON:   On the other hand, it is obvious that the parties seem to be agreed that this is a matter which the Court may wish to hear.  So, in those circumstances, we thought that perhaps this would be the best course. 

HIS HONOUR:   Yes.  The Court may take an objection that it is moot, I suppose.  That an appeal would be moot.  You say there is some anticipated further use of this procedure in relation to this applicant? 

MR SEXTON:   I think at the moment the application for expedition is premised on the fact that there would not be the use of the procedure if the matter was going to be speedily disposed of, hopefully, by the Court. 

HIS HONOUR:   But, in any event, has there not been an acquittal? 

MR SEXTON:   There has, but there may be further charges.  The question is that the information ‑ ‑ ‑

HIS HONOUR:   In respect to the object of interest, in relation to which this summons ‑ ‑ ‑

MR SEXTON:   Yes.  But the information is still sought and is not being actively sought at the moment.  I am sorry, your Honour.  The person who was acquitted is not Mr Dalton. 

HIS HONOUR:   I understand that.  But you wanted to get to Mr Dalton in a view to get this person of interest. 

MR SEXTON:   That is right, your Honour. 

HIS HONOUR:   And the person of interest at the moment has been acquitted. 

MR SEXTON:   On one charge. 

HIS HONOUR:   But there is some pending further charge, is there? 

MR SEXTON:   They are under consideration, yes. 

HIS HONOUR:   That would make this litigation, on that view of it, not necessarily moot. 

MR SEXTON:   That is right, your Honour. 

HIS HONOUR:   All right.  Now, is there any section 78B notice – well, I do not suppose there is, until you get special leave, really.  I should make the order for expedition as sought in the summons filed 6 April.  It looks like there will be a space in the Sydney special leave list on Friday, 17 June, so if the parties can act on that basis in preparing the application books.  I do not know how quickly the other side is going to embark on this.  You may need to nudge them along a bit. 

MR SEXTON:   We will.  We will make every effort, your Honour. 

HIS HONOUR:   Yes, all right.  I think I should direct the Registrar to send a copy of today’s transcript to the solicitors for the applicant.  Costs of the summons will be costs of the special leave application.  Is there anything else? 

MR SEXTON:   There is nothing else, your Honour. 

AT 9.37 AM THE MATTER WAS CONCLUDED