Tait v The Queen; Scott v Chief Secretary

High Court of Australia|1962-07-01|Before: Owen JJ, Windeyer JJ

High Court of Australia Dixon C.J. Kitto, Taylor, Menzies and Owen JJ. Dixon C.J. McTiernan, Kitto, Taylor and Windeyer JJ. Tait v The Queen; Scott v Chief Secretary (Vic) [1962] HCA 57

We are prepared to grant an adjournment of these applications without giving any consideration to or expressing any opinion as to the grounds upon which they are to be based, but entirely so that the authority of this Court may be maintained and we may have another opportunity of considering it.

We shall accordingly order that the execution of the prisoner fixed for tomorrow morning be not carried out but be stayed pending the disposal of the applications to this Court for special leave and of any appeal to this Court in consequence of such applications.

Mr. Solicitor, may we then have your undertaking that that will be enough?

[Sir Henry Winneke Q.C. I cannot imagine that there would be any trouble about that, your Honour. This Court has made an order and that is all. There is also his Excellency's warrant directed to the Sheriff.]

[Sir Henry Winneke Q.C. I feel I cannot give an undertaking, not being instructed. Perhaps it might be better if your Honours would make a complete order and then there would be no question about it.]

At the foot of the order we have already pronounced, we will add that we will order that the Chief Secretary and the Sheriff and his deputy or deputies be restrained accordingly.

We will adjourn these applications now to Tuesday next, at half past ten at Darlinghurst, and we will adjourn the Court.

We will stand the matter over generally until it is mentioned.

The adjourned applications came on before Dixon C.J., McTiernan, Kitto, Taylor and Windeyer JJ. on 15th November 1962.

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