Wood, Colin Keith (on behalf of the Industrial Relations Bureau) v Lord Mayor, Councillors and Citizens of the City of Melbourne [1979] FCA 81

BEDERAL COURT OF AUSTRALIA .

VV. No, 19 of 1979 V. No, 20 of 1979 V. No. 21 of 1979

MELBOURNE DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN:

COLIN KEITH WOOD (ON BEHALF OF THE INDUSTRIAL RELATIONS BUREAU Appellant

and

LORD MAYOR, COUNCILLORS AND CITIZENS OF THE CITY OF MELBOURNE Respondent

CATCHWORDS

Jurisdiction - appeals to Full Court of Federal Court from acquittal on criminal charges after hearing on merits - doctrine of precedent - applicability of decisions of

different full courts where appeal lies to High Court,

Federal Court of Australia Act 5,24,

Py te pee ae ee ee ae re

FEDERAL COURT OF AUSTRALIA

MELBOURNE DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN:

Vv. No. 19 of 1979 V. No. 20 of 1979 V. No. 21 of 1979

COLIN? KEITH WOOD (ON BEHALF OF THE

INDUSTRIAL RELATIONS BUREAU ) Appellant

and

LORD MAYOR, COUNCILLORS AND CITIZENS

OF THE CITY OF MELBOURNE Respondent

ORDER

JUDGES MAKING ORDER: DATE OF ORDER: WHERE MADE:

—ORDER:

Sweeney, Evatt and Northrop Jd. 6 August 1979.

Melbourne

That the Appealsbe struck out

as incompetent,

SWEENEY J: The court notes that these matters are appeals against orders by his Honour Mr Justice Smithers in which he dismissed after a hearitig on the mérits summonses issued by the present appellant against the respondent. The matters were clearly in our view criminal matters. Objection is now taken to the competency of the appeal. As has been said there have been recent decisions of this court on that question of law. The court has held in Thompson v Mastertouch and again in Burgess'scase that an appeal against dismissal of a summons alleging a criminal offence where there has been a hearing on the merits is incompetent,

We feel as a court that we should follow those previous decisions. A further objection was

PP/BR/la . 6 MR MARKS 6/8/79 Citizen '

¢ - J taken as to the time of service of the appeal documents