Hammond v Aboudi

Case [2005] WASCA 204


KEVIN JAMES HAMMOND (a person appointed by commission dated 23 December 2003 to be Commissioner of the Corruption and Crime Commission) -v- ABOUDI [2005] WASCA 204



(2005) 31 WAR 533
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 204
THE COURT OF APPEAL (WA)
Case No:CIV:1501/200525 AUGUST 2005
Coram:WHEELER JA
MCLURE JA
LE MIERE AJA
3/11/05
25Judgment Part:1 of 1
Result: Applications dismissed
A
PDF Version
Parties:KEVIN JAMES HAMMOND (a person appointed by commission dated 23 December 2003 to be Commissioner of the Corruption and Crime Commission)
HASANEEN MOSA ISSA ABOUDI
MARCO SORANI

Catchwords:

Contempt of Corruption and Crime Commission
Whether a breach of s 160 of Corruption and Crime Commission Act 2003
Effect of s 163 Certificate
Constructive failure to answer questions
Meaning of requirement to answer
Whether adequate identification of the contempt

Legislation:

Corruption and Crime Commission Act 2003 (WA), s 7A, s 7B, s 46, s 47, s 48, s 49, s 76, s 143, s 160, s 163, s 164(1), s 168
Criminal Code (WA)
Royal Commissions Act 1968 (WA), s 14
Rules of the Supreme Court 1971 (WA), O 55 r 2, O 55 r 5(1)

Case References:

Australian Building Construction Employees' and Builders Labourers' Federation & Ors v Viner & Ors (1982) 63 FLR 253
Brading v Thornton (1947) 75 CLR 140
Carew-Reid v Carew Corp Ltd, unreported; FCt of SCt WA; Library No 930254; 23 April 1993
Coward v Stapleton (1953) 90 CLR 573
Gabriel v Ah Mook (1924) 34 CLR 591
Keeley v Brooking (1979) 143 CLR 162
Macarone v McKone (1986) 1 Qd R 284
MacGroarty v Clauson (1989) 167 CLR 251
Powell v Battle [1963] WAR 32
R v Brisbane TV Ltd; Ex parte Criminal Justice Commission (1996) 2 Qd R 41
R v Parry, unreported; FCt SCt of WA; Library No 970196; 1 May 1997
Re B (JA) (an infant) (1965) Ch 1112
Saxe v Kellett [1970] VR 600
Wood v Galea (1996) 84 A Crim R 274

Ex parte Bellanto; re Prior [1963] SR (NSW) 190
Lewis v Ogden (1984) 153 CLR 682
McGuinness v The Attorney-General of Victoria (1940) 63 CLR 73
R v Eades (No 1) (1991) 6 WAR 402
R v Jones (1990) 58 A Crim R 471
Witham v Holloway (1995) 183 CLR 525

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : KEVIN JAMES HAMMOND (a person appointed by commission dated 23 December 2003 to be Commissioner of the Corruption and Crime Commission) -v- ABOUDI [2005] WASCA 204 CORAM : WHEELER JA
    MCLURE JA
    LE MIERE AJA
HEARD : 25 AUGUST 2005 DELIVERED : 3 NOVEMBER 2005 FILE NO/S : CIV 1501 of 2005 MATTER : The Corruption and Crime Commission Act 2003, s 163

    Alleged contempt of KEVIN JAMES HAMMOND (a person appointed by commission dated 23 December 2003 to be Commissioner of the Corruption and…

Continue reading Hammond v Aboudi

Sign in free to access the full text

Details
AGLC
Hammond v Aboudi [2005] WASCA 204
Case
[2005] WASCA 204
Decision Date

CaseChat Overview and Summary

The case of Hammond v Aboudi involved a dispute before the Supreme Court of Victoria. The respondent, Aboudi, was being investigated by the Corruption and Crime Commission. The applicant, Hammond, sought a declaration that the respondent had committed contempt by failing to answer questions. The court had to determine whether there was a breach of section 160 of the Corruption and Crime Commission Act 2003, and if so, whether this was a constructive failure to answer questions, and whether the contempt was adequately identified. The court also had to consider the effect of a section 163 Certificate.

The key legal issues in the case were whether the respondent's failure to answer questions constituted a breach of section 160, and if the failure was constructive. The court had to interpret the meaning of the requirement to answer questions and determine whether the contempt was adequately identified. The court also had to consider the effect of a section 163 Certificate, which is a certificate issued by the Commission that a person has failed to answer questions.

The court found that the respondent had not breached section 160, as he had not failed to answer questions. The court held that the requirement to answer questions was not absolute, and that the respondent had not constructively failed to answer questions. The court also found that the contempt was not adequately identified, as the application did not specify which questions the respondent had failed to answer. The court held that the section 163 Certificate did not have the effect of creating a contempt, as it did not identify the questions that the respondent had failed to answer.

The court dismissed the applications, finding that the respondent had not committed contempt. The court held that the application was inadequate, as it did not specify which questions the respondent had failed to answer, and that the contempt was not adequately identified. The court also held that the section 163 Certificate did not have the effect of creating a contempt.

Orders

Orders of the court

Applications dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.