Dalton v NSW Crime Commission [2006] HCA 17

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

LEIGH WILLIAM DALTON APPELLANT

AND

NSW CRIME COMMISSION & ORS RESPONDENTS

Dalton v NSW Crime Commission

[2006] HCA 17

10 May 2006

S334/2005

ORDER

1. Appeal dismissed.

2. Appellant to pay the costs of the NSW Crime Commission.

On appeal from the Supreme Court of New South Wales

Representation:

J F Bleechmore for the appellant (instructed by Ellinghaus & Lindner)

M G Sexton SC, Solicitor-General for the State of New South Wales with K M Richardson for the first and third respondents (instructed by Crown Solicitor for New South Wales)

D M J Bennett QC, Solicitor-General of the Commonwealth with M J Leeming for the second respondent (instructed by Australian Government Solicitor)

C J Kourakis QC, Solicitor-General for the State of South Australia with

J-A Lake intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor's Office (SA))

M Sloss SC with C J Horan intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Dalton v NSW Crime Commission

Constitutional law (Cth) − Power with respect to service and execution throughout the Commonwealth of civil and criminal process − Summons served under State law upon person in another State to attend State commission of inquiry with investigative functions − Summons a "subpoena" for the purpose of the Service and Execution of Process Act 1992 (Cth) − "Civil and criminal process" − Whether "civil and criminal process" includes process relating to purely investigative functions of tribunals which are not in aid of an adjudicative function − Whether s 76 of the Service and Execution of Process Act 1992 (Cth) a valid exercise of Commonwealth legislative power.