Lloyd v Costigan

[1983] FCA 87

Re: PETER HUGH LLOYD
And: FRANCIS XAVIER COSTIGAN ESQUIRE Q.C.;
ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS
AND DOCKERS UNION
No. W.A. G14 of 1983
Judicial Review - Appeal

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY
GENERAL DIVISION
Bowen C.J.
Morling J.
Fitzgerald J.

CATCHWORDS

JUDICIAL REVIEW - Decision by Royal Commissioner - Subpoena to give evidence and to produce material - Whether hearing should proceed by way of affidavit evidence - Power of Court to order compliance with a request under s.13 Administrative Decisions (Judicial Review) Act 1977.

APPEAL - Practice and procedure - Interlocutory orders - attitude of appellate court.

Administrative Decisions (Judicial Review) Act 1977, ss 5 & 13

HEARING

PERTH

#DATE 9:5:1983

ORDER

1. The appeal be dismissed with costs

JUDGE1

This is an appeal from an interlocutory order made by a single judge of this Court (Toohey J.) on 25 March 1983 in the course of proceedings under the Administrative Decisions (Judicial Review) Act 1977 ("the Act"). His Honour dismissed, with costs, a motion by the applicant. It is desirable, before dealing further with the nature of the motion, to describe the events which led to the order which is now in question.

On 10 September 1980, Letters Patent were issued by the Governor-General to the respondent, Mr F.X. Costigan Q.C., pursuant to the Royal Commissions Act 1902. On 1 October 1980 the Governor of the State of Victoria issued further Letters Patent to Mr Costigan in the exercise of the prerogative of the Crown in right of that State. It may be noted immediately that, although the Commissions have been and are being conducted in conjunction, so that in some senses at least there is but a single enquiry, there is not one proceeding but two which are being conducted concurrently, one which is dependent upon and is being conducted under Commonwealth law, and the other which is dependent upon and is being conducted under the law of the State of Victoria: cf. Gallagher v. Attorney-General (Victoria), (High Court, unreported, reasons published 10 December 1982). The Victorian Commission and the Victorian legislation relevant thereto are for present purposes immaterial. It is with the Commonwealth Commission alone that the proceedings in this Court are concerned.

The scope of the Commonwealth Commission was extended by further Letters Patent dated 1 April 1982. There is no present need to record the terms of Mr Costigan's Commission. It is sufficient, for the moment, to describe the matters upon which he is required to report, as being the following:

1. Have members of the Federated Ship Painters and Dockers Union been engaged in illegal activities?

2. Have persons associated with the union or its members been engaged in illegal activities?

3. Have persons been using the union or its members for illegal activities?

Mr Costigan has made interim reports. However the dates for reporting under each of the Letters Patent have been extended and the inquiries are continuing.

The applicant, Peter Hugh…