Lloyd, Peter Hugh v Costigan, Francis Xavier Esquire QC. Royal Commissioner on the Activities of the Federated Ship Painters & Dockers Union [1983] FCA 142

CATCHWORODS

Administrative Law - judicial review - decision by

Royal Commissioner - motion that Commissioner answer interrogatories ~- alternatively further statement sought under s.13 of Judicial Review Act - powers of Court - whether particulars adequate - whether orders sought appropriate - nature of proceedings under Judicial

Review Act - nature and function of Royal Commissioner

Administrative Decisions (Judicial Review) Act 1977 ss. 5, 13, 13({7), 13(11), Schedule 2 paras. (e) and (f).

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

ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION

No. WAG 50 of 1982

Toohey J.

Perth

6 July 1983

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WAG 50 of 1982

wee we eS

BETWEEN:

PETER HUGH LLOYD

Applicant

and

FRANCIS XAVIER COSTIGAN ESQUIRE Q.C. ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION

Respondent

CORAM: TOOHEY J.

6 JULY 1983

REASONS FOR JUDGMENT

I heard this matter last evening and now deliver my reasons orally.

By this motion the applicant seeks an order that the respondent answer an extensive set of interrogatories. Alternatively, he asks that the respondent provide the information sought in the form of a statement additional to that already furnished in conformity with s.13 of the

Administrative Decisions (Judicial Review) Act 1977,

although it is said by the respondent that the section

imposes no obligation on him in the particular circumstances of this matter.

The substantive application seeks a review of what 1s alleged to have been a decision by the respondent that he may, in the course of his inquiries as Royal Commissioner, call before him and examine on oath the applicant and certain other persons. The respondent disputes that there has been a decision susceptible of review under the Judicial Review Act but agrees that for the purposes of this interlocutory application 1t may be taken that a decision was made.