Ferraro v Woodward [1978] HCA 7

Ferraro v Woodward [1978] HCA 7

A warrant of committal issued by a Royal Commissioner is not sufficient if it does not specify the cause of the commitment and the nature of the contempt; thus, the warrant in this case did not justify the applicant's imprisonment and he must be released.

Jurisdiction
Australia
Procedural Posture
Appeal / Special Leave to Appeal; Appeal
Outcome
Special leave to appeal granted; appeal allowed.
Legal Topics
['contempt' 'royal Commissions' 'warrants of Committal' 'habeas Corpus']
['administrative Law' 'criminal Law'] ['contempt' 'royal Commissions' 'warrants of Committal' 'habeas Corpus']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Special Leave to Appeal; Appeal

Legal Issues

  1. 1 ['Whether a warrant of committal issued by a Royal Commissioner must set out on its face the cause of the commitment and the nature of the contempt']

Ratio Decidendi

A warrant of committal issued by a Royal Commissioner is not sufficient if it does not specify the cause of the commitment and the nature of the contempt; thus, the warrant in this case did not justify the applicant's imprisonment and he must be released.

Court Disposition

Special leave to appeal granted; appeal allowed.

Orders

  • ['Order of the Court of Appeal set aside.' 'Order that the applicant be immediately released from prison.' 'No order as to costs.']