Ross, A.M. & Anor v Costigan, F.X. & Anor [1982] FCA 77

Ross, A.M. & Anor v Costigan, F.X. & Anor [1982] FCA 77

The appeal failed because the appellants did not show that the Commissioner was intending or threatening to conduct a separate or distinct inquiry into whether they had been involved in a breach of, or conspiracy to breach, s.67 of the Companies Act, 1961 (N.S.W.). The Commissioner was investigating whether the Union or its officers or members had engaged in illegal activities, and questions touching s.67 could be relevant to that inquiry. The amended Commonwealth terms expanded the scope of the inquiry, and the constitutional argument failed because it depended on an inquiry being undertaken without regard to Union involvement or the activities stated in paragraph (e), which the Court...

Jurisdiction
Australia
Judgment Date
18 May 1982
Procedural Posture
Administrative Law Judicial Review Appeal Concerning a Royal Commission Inquiry / Appeal From Refusal to Grant Interlocutory Injunction Under the Administrative Decisions (judicial Review) Act 1977
Outcome
Appeal dismissed with costs.
Legal Topics
['scope of Royal Commission Terms of Reference' 'interlocutory Injunction' 'judicial Review' 'constitutional Power' 'tax Minimisation Schemes' 'companies Act S.67']
['administrative Law' 'constitutional Law' 'royal Commissions'] ['scope of Royal Commission Terms of Reference' 'interlocutory Injunction' 'judicial Review' 'constitutional Power' 'tax Minimisation Schemes' 'companies Act S.67']

Case Brief

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Procedural Posture

Administrative Law Judicial Review Appeal Concerning a Royal Commission Inquiry / Appeal From Refusal to Grant Interlocutory Injunction Under the Administrative Decisions (judicial Review) Act 1977

Legal Issues

  1. 1 ['Whether the Royal Commissioner was intending or threatening to conduct an inquiry, under the Commonwealth letters patent, into whether there had been a conspiracy to commit a breach of s.67 of the Companies Act, 1961 (N.S.W.).' 'Whether questions relating to s.67 of the Companies Act, 1961 (N.S.W.) could be asked where they might assist an inquiry into illegal activities by the Union or its officers or members.' 'Whether paragraph (a) of the amended Letters Patent, as elaborated by paragraph (e), was beyond Commonwealth constitutional power.']

Ratio Decidendi

The appeal failed because the appellants did not show that the Commissioner was intending or threatening to conduct a separate or distinct inquiry into whether they had been involved in a breach of, or conspiracy to breach, s.67 of the Companies Act, 1961 (N.S.W.). The Commissioner was investigating whether the Union or its officers or members had engaged in illegal activities, and questions touching s.67 could be relevant to that inquiry. The amended Commonwealth terms expanded the scope of the inquiry, and the constitutional argument failed because it depended on an inquiry being undertaken without regard to Union involvement or the activities stated in paragraph (e), which the Court...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondents' costs."]