Federal Court of Australia
CATCHWORDS
Administrative law - Appeal from the refusal to grant
the appellants interlocutory relief - Royal Commission
under Commonwealth and Victorian Letters Patent into conduct by Federated Ship and Painters and Dockers Union - width of enquiry under Commonwealth terms of reference - enquiry touches existence of tax minimization schemes ~ whether
any illegal activity by a member of the Union was involved - Commission can look to what it bona fide believes will assist
its enquiry.
Administrative Decisions (Judicial Review) Act 1977
Commonwealth Constitution : ss. 51(i), 5] (xxxv), 51(xxxix) Companies Act, 1961 (N.S.W.) s.67
Evidence Act, 1958 (Vic)
Judiciary Act 1903 s.78B
Naval Defence Act 1910
Royal Commissions Act, 1902
ALAN MAXWELL ROSS and JOHN STAFFORD HEAP v. FRANCIS XAVIER
COSTIGAN and the ATTORNEY~GENERAL OF THE COMMONWEALTH OF AUSTRALIA
No. G 68 of 1982
FOX, TOOHEY & MORLING JJ.
/€ May 1982
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 68 of 1982
eee ee ee we
GENERAL DIVISION
ALAN MAXWELL ROSS and JOHN STAFFORD HEAP
Appellants
FRANCIS XAVIER COSTIGAN and the ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondents
ORDER
JUDGES MAKING ORDER
FOX, TOOHEY and MORLING JJ.
DATE OF ORDER : 12 May 1982 WHERE MADE 3 Sydney THE COURT ORDERS THAT :
1. The appeal be dismissed.
2. The appellants pay the respondents' costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 68 of 1982
GENERAL DIVISION
ALAN MAXWELL ROSS and JOHN STAFFORD HEAP
Appellants
FRANCIS XAVIER COSTIGAN and the ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondents
Coram: Fox, Toohey and Morling JJ
REASONS FOR JUDGMENT
These are appeals from the refusal of a judge of this Court (Ellicott J) to grant the present appellants an interlocutory injunction which they
sought under the Administrative Decisions (Judicial
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