HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
RE EAST & ORS RESPONDENTS
Ex parte QUOC PHU NGUYEN APPLICANT
Re East & Ors; Ex parte Nguyen (M53-1997) [1998] HCA 73
Date of Order: 5 August 1998
Date of Publication of Reasons: 3 December 1998
ORDER
Application dismissed with costs.
Representation:
C H Francis QC with R A R Lewis and D A Perkins for the applicant (instructed by Kuek & Associates) at the hearing on 10 December 1997
P N Vickery QC with D A Perkins for the applicant (instructed by Kuek & Associates) at the hearing on 5 August 1998
J D McArdle with T P Burke for the first respondent (instructed by Solicitor for Public Prosecutions (Victoria))
No appearance for second, third and fourth respondents
2.
Interveners:
H C Burmester QC, Acting Solicitor-General for the Commonwealth, with A K Lukeman intervening on behalf of the Attorney-General for the Commonwealth (instructed by Australian Government Solicitor)
D Graham QC, Solicitor-General for the State of Victoria, with N D Hopkins intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Re East & Ors; Ex parte Nguyen
Constitutional law – Original jurisdiction of the High Court – Matters arising under any treaty – Treaty implemented by statute – Whether statute implementing treaty provides exclusive regime for remedying contravention – Whether application raises a "matter" – Constitution, s 75(i).
Criminal law – Procedure – Fair trial – Interpretation of evidence from English language – Entitlement of accused to understand evidence – Duty of judge – Whether any risk of miscarriage of justice where no request made.
Words and Phrases – "matter", "Arising under any treaty", "requires".
Constitution, s 75(i)
Racial Discrimination Act 1975 (Cth), ss 9, 10, Pt III.
GLEESON CJ, GAUDRON, McHUGH, GUMMOW, HAYNE AND CALLINAN JJ. The applicant, Quoc Phu Nguyen, commenced proceedings in the original jurisdiction of the Court seeking orders of certiorari and declaratory relief. On 31 July 1997, a Justice of the Court ordered pursuant to O 55 r 2 of the High Court Rules that the application be made by notice of motion to the Full Court. At the conclusion of a hearing on the issue of jurisdiction, the Court dismissed the application with costs, stating that reasons for the decision would be given at a later date. The following are our reasons.
The proceedings arose out of a sentence of imprisonment imposed upon the applicant by the Chief Judge of the County Court of Victoria. The applicant made two applications to the Supreme Court of Victoria for remedies in the nature of prerogative relief. Those applications failed. This Court refused his applications for special leave to appeal from the decisions of the Court of Appeal dismissing his appeals. In the present proceedings, the applicant has joined, as respondents, the person…
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- Case
- [1998] HCA 73
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were twofold. Firstly, it had to determine whether the application constituted a "matter" within the original jurisdiction of the High Court, given that the treaty in question was implemented by a statute that arguably provided an exclusive regime for remedying contraventions. Secondly, the Court was required to consider whether there was a risk of a miscarriage of justice in the applicant's criminal proceedings due to the interpretation of evidence from English, particularly where no explicit request for an interpreter had been made by the accused, despite his limited English proficiency.
The Court reasoned that for an application to fall within its original jurisdiction under s 75(i) of the Constitution, it must be a "matter" arising under a treaty. This requires more than a mere assertion of a treaty's relevance; the statute implementing the treaty must be the source of the right or obligation being litigated. In this instance, the Court found that the applicant had not demonstrated that the federal Act provided a basis for the relief sought, nor that the alleged procedural unfairness constituted a contravention of the treaty in a manner that would engage the Court's jurisdiction. Furthermore, regarding the fair trial issue, the Court noted that the applicant's legal representative had indicated that an interpreter was not required, and the judicial officers were unaware of the applicant's need. While acknowledging the importance of an accused understanding proceedings, the Court found no basis to conclude that the circumstances presented a risk of miscarriage of justice that would warrant intervention.
The application was dismissed with costs.
Orders
Orders of the court
Application dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HUGH, GUMMOW, HAYNE AND CALLINAN JJ, KIRBY J
Full text does not contain this section.