Federal Court of Australia
: Ng Xb
pe - — ——-
CATCHWORDS
Appeal against order for directions upon return of oider n+si for certiorari - Material to be cxamined when consider 'ng validity of search warrant - Whether appeal should he
entertained
Criminal Law and Piocedure Act, ss.19(b}, 29(d) Federal Court of Australia Act 1976, s.24(1)(h) Supreme Court Act 1979, ss.21(1), 78
Supreme Court Rules, 0.353
ATTORNEY-GENERAJ, FOR TH} NORTHIRN TERRIIORY OF AUSTRALTA VTE QUPENG EX PARTE JGIUN RICHARD TO:LINSON
No. NTG 39 of 1980
Coram: Fox, Forster and McGregor JJ.
Darwin
9 March 1981
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION ,
No. NTG 39 of 1980
BETWEEN
ATTORNEY-GENLCRAL FOR THE NORTHERN TERRITORY OF AUSTRALIA
Appellant
AND ex parte JOHN RICHARD TOMLINSON . Respondent ORDER
JUDGES MAKING ORDER. Fox, Forster and McGregor JJ DATE OF ORDER- 17 March 1981 WHERE MADE. Darwin
The Court orders that.
1) The appeal be dismissed with costs.
vem +
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
No. NTG 39 of 1980
BETWEEN,
ATTORNEY-GENERAL FOR THE NORTHER:. TERRITORY OF AUSTRALIA
Appellant AND THE QUELN ex parte
JOHN RICHARD TOMLINSON
Respondent
CORAM: FOX, FORSTER and MCGREGOR JJ
The 17th day of March, 1981. The Attorney-General for the Northern Territory
(appellant) appeals against an interlocutory order made by his Honour Mr. Justice Muirhead on the 2 December 1980. On 20 March 1980, a search warrant, which is the subject of the argument in this case, was issued by Mr. G.P. Galvin, Chief Stipendiary Magistrate for the Northern Territory, in purported reliance on the Criminal Law and Procedure Act of the Northern Territory, s.10(b)._. Section 10(b) is as follows. "10. If a Justice of the Peace is satisfied by evidence on oath, whether orally or by affidavit, that there are reasonable grounds for believing that there is in certain premises or a
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