Lloyd, Peter Hugh v Costigan, Francis Xavier Esquire QC [1983] FCA 87

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 &

PETER HUGH LLOYD v. FRANCIS XAVIER COSTIGAN ESQUIRE, Q.C.

No. W.A. G14 of 1983

BOWEN CJ, MORLING & FITZGERALD JJ PERTH

9 MAY 1983

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IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIAN DISTRICT REGISTRY ) No. W.A. G14 of 1983

GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

PETER HUGH LLOYD

Appellant AND: FRANCIS XAVIER COSTIGAN ESQUIRE Q.C. ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION Respondent ORDER JUDGES MAKING ORDER: Bowen, C.J., Morling & Fitzgerald WHERE MADE: PERTH DATE: 9 MAY 1983

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs

JJ

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUS''TRALTAN DISTRLCT REGISTRY ) No. W.A. G14 of 1983 GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PETER HUGH LLOYD Appellant AND: PRANCIS XavinR COSTIGAN ESQUIRE Q.C. ROYAL COMM1SS.LONER ON THE ACTIViTILS OF THE FEDERATED SHLP PAINTERS AND DOCKERS Respondent CORAM: Bowen C.J., Morling & Fitzgerald JJ DATE: 9 Mav 1983 REASONS FOR JUDGMENT THE COURT: This 1S an appeal from an interlocutory order

made by a single judge of this Court (Toohey J.) on 25 March 198 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 1s desirable, before dealing further with the nature of the motion, to describe