HAYDON v MAGISTRATES COURT & ROFE
[2001] SASC 65Full Court: Doyle CJ, Olsson and Perry JJ
DOYLE CJ I have read the reasons prepared by Perry J. There is no need for me to repeat the relevant facts, or the circumstances under which these proceedings have come before the Court. I adopt what Perry J has said. I accept the accuracy of the statement of principles found in the reasons of Perry J.
I also agree, for the reasons given by Perry J, that the Magistrate erred in dealing with the claim by the Director of Public Prosecutions that Mr Haydon and the other accused should not be permitted to inspect the material produced by the Director in response to the subpoena issued under s 20 of the Magistrates Court Act. I agree with Perry J that the Magistrate erred in failing to decide the claim that the material was the subject of public interest immunity, and immune from inspection by the persons charged. Instead of considering and deciding the claim by reference to the principles referred to by the Magistrate, and set out in the reasons of Perry J, the Magistrate has simply left the decision to be made by the trial Court. This the Magistrate was not permitted to do.
This Court can interfere if the Magistrate has wrongly failed to exercise the jurisdiction that he was called upon to exercise when the claim of immunity was made. The plaintiff submits that there has been a wrongful failure by the Magistrate to exercise his jurisdiction. That being the submission advanced, it is not necessary to consider whether or not there has been an error of law on the face of the record: cf Craig v The State of South Australia (1995) 184 CLR 163.
This Court does not sit on appeal from a Magistrate conducting a preliminary examination. The Court’s ability to interfere in the conduct of a preliminary examination is limited, and there are powerful reasons for the Court exercising those limited powers with restraint. But authority establishes that sometimes an error of law made by a Magistrate in the course of a preliminary examination will amount to a failure to exercise the jurisdiction conferred on the Magistrate. Such a failure may be remedied by an order by this Court requiring the Magistrate to exercise the jurisdiction. The relevant principle was stated as follows by Rich, Dixon and McTiernan JJ in The King v War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228 at 242-243:
“A writ of mandamus does not issue except to command the fulfilment of some duty of a public nature which remains unperformed. If the person under the duty professes to perform it, but what he actually does amounts in law to no performance because he has misconceived his duty or, in the course of attempting to discharge it, has failed to comply with some requirement essential to its valid or effectual performance, he may be commanded…
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- Case
- [2001] SASC 65
- Decision Date
CaseChat Overview and Summary
The court found that the Magistrates Court did have jurisdiction to hear Haydon's claims, as they were not barred by the doctrine of public interest immunity. The court held that the claim of public interest immunity should be upheld, and that Haydon should not be granted access to the material in question. This decision was based on the balance between the public interest in maintaining the confidentiality of certain information, and the individual's right to access that information. Furthermore, the court found that the Special Magistrate's refusal to grant an adjournment was not subject to review, as it was a decision within the magistrate's discretion. The Director, on the other hand, was not subject to relief, as the court found that the Director had not acted improperly in their capacity.
The court granted leave to appeal against the order refusing leave to appeal, and substituted an order giving leave to serve the proceedings upon the Magistrates Court, ordering that service of the proceedings be dispensed with. The court also declared that the claim of public interest immunity should be upheld, and affirmed the order denying access by Haydon to the material in question. Finally, the court dismissed the claims in the summons seeking review of the Special Magistrate's decision to refuse an adjournment, and relief against the Director.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: OLSSON J, PERRY J
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