Hammond v The Commonwealth [1982] HCA 42

High Court of Australia Gibbs C.J. Mason, Murphy, Brennan and Deane JJ. Hammond v The Commonwealth [1982] HCA 42

ORDER Appeal dismissed. On the motion for an interlocutory injunction, order as follows:Injunction granted as sought by par. (a) of the notice of motion, but limited to the examination of the plaintiff. Injunction sought by par. (b) of the notice of motion refused. Order that the plaintiff have the costs of the action excluding the cost of the application for an interim injunction and excluding the costs of the appeal from the order made on that application.

The following judgments were delivered:—

Aug. 6 Gibbs C.J.

In September 1981 two Commissions were issued to the Hon. Sir Albert Edward Woodward, a Judge of the Federal Court of Australia ("the Commissioner"), one by the Governor-General of the Commonwealth of Australia and one by the Governor of the State of Victoria, to inquire into a number of matters including whether malpractices have occurred in the handling of meat. The Commonwealth Commission directed inquiry into malpractices in the handling of meat for export; the Victorian Commission directed inquiry into malpractices in the handling of meat for human consumption in Victoria.

In each case, the letters patent authorized the Commissioner, at his discretion, "to defer [his] inquiry into any matter that is the subject of a police investigation or of criminal proceedings in a court" and required him to furnish a report not later than 1 September 1982 or such later date as might be fixed, although he might, if he thought it appropriate, furnish an interim report.

On 19 October 1981 an information was laid against Maxwell John Hammond ("the plaintiff") charging that between 1 December 1980 and 31 July 1981 at Richmond and Langwarrin, in Victoria, he did conspire with Richard Vincent Hammond and other persons known and unknown to commit an offence against the law of the Commonwealth, to wit the export of a prohibited export. So to conspire would constitute an offence under s. 86(1)(a) of the Crimes Act 1914 Cth for which the plaintiff, if convicted, would be liable to be imprisoned for three years. Committal proceedings were heard in the Melbourne Magistrates Court. The plaintiff pleaded not guilty. In the course of the committal proceedings, evidence was given on behalf of the informant by one Vern Kennedy which, if accepted, would implicate the plaintiff in the alleged conspiracy. The evidence of Mr. Kennedy was the main evidence against the plaintiff. On 23 April 1982 the plaintiff was committed to be tried for the alleged offence at the County Court in Melbourne. The date for the trial has not, as yet, been fixed.