Lockwood v The Commonwealth [1954] HCA 31

High Court of Australia Fullagar J. Lockwood v The Commonwealth [1954] HCA 31

ORDER Motion dismissed.

Cur. adv. vult.

Fullagar J. delivered the following oral judgment:—

July 12 Fullagar J

This is a motion ex parte for an interim injunction and/or leave to serve notice of motion with writ, in an action commenced in this Court against the Commonwealth and the three members of a Royal Commission appointed by the Governor-General on 3rd May 1954 to investigate and report upon the conduct of espionage in Australia and matters related thereto.

The plaintiff has been subpoenaed to appear before the commission, and the injunction claimed at the moment is of limited character, its terms being directed to preventing the commission from exercising any compulsive powers against the plaintiff and from hearing evidence in regard to certain matters with which the plaintiff is concerned. Some of the grounds, however, on which the plaintiff's claim for an injunction is based, go to the validity of the letters patent appointing the commission, and, if sound, mean that the commission could not lawfully proceed further with its investigation, or at least could not exercise any compulsive powers against any person in connection therewith.

The commission has already sat on a number of days in Canberra, Sydney and Melbourne, and the matters with which the plaintiff is immediately concerned were first mentioned on 18th May 1954. The writ in the action was not issued until 8th July 1954. The importance and urgency of the subject matter of the inquiry are obvious, and I do not think that I ought to grant interlocutory relief unless it is made to appear at least probable that the plaintiff will ultimately succeed. This view is reinforced by the fact that very considerable delay has taken place in commencing proceedings. On the other hand, I do not think that the delay ought to afford a ground for refusal of such relief if a reasonably strong case on the merits is made out. All the questions raised are questions of pure law.