President of the Legislative Council of New South Wales v. Cullen & Ors

Lower Court Judgment

23/12/2025 Supreme Court of New South Wales (Court of Appeal) (Bell CJ, Leeming and Free JJA)

[2025] NSWCA 278

Catchwords

Constitutional law - State legislative power - powers of Legislative Council to summon witnesses - Parliamentary Evidence Act 1901 (NSW) authorises President to certify that a witness has not complied with a summons without just cause or reasonable excuse - upon receiving such certification, Supreme Court judge required to issue warrant for detention of witness - warrant authorises holding witness in custody in accordance with subsequent orders of President - whether those provisions of Parliamentary Evidence Act contrary to limitations on State legislative power identified in Kable v Director of Public Prosecutions (NSW) – whether Court of Appeal erred in so holding