Federal Court of Australia
ay
CATCHWORDS
Industrial Law — Informations laid and summonses filed alleging commission of offences under s.5(1)(aa) and s.5(1)(f) of the Conciliation and Arbitration Act outside the period of one year from the date shown as the day of the alleged offences -— time limitation in which to commence such prosecutions - whether Court has jurisdiction to hear such prosecution - proceedings instituted "vexatiously or without reasonable cause" — costs
of such proceedings. Conciliation and Arbitration Act s. ijlaa
and s.5(1)(f), s.197A, Rules of Court 0.4 r.16 and 0.49 r. 1 and 2. Crimes Act 1914 s.21(1)(c)
SHAHID NAQVI -v~ M.B.P. (S.A.) PTY. LIMITED
(S.A. Nos. 9 and 10 of 1981)
EVATT J.
1 September 1981
ADELATDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY S.A. No.9 of 1981
INDUSTRIAL DIVISION
IN THE MATTER of a prosecution under s.5 of the Conciliation and Arbitratac Act 1904 as amended.
BETWEEN: SHAHID NAQVI
Prosecutor" AND: M.B.P.(S.A.) PTY. LIMITED Defendant ORDER
JUDGE MAKING ORDER: EVATT J. DATE OF ORDER : 1 SEPTEMBER 1981
WHERE MADE: ADELAIDE THE COURT ORDERS THAT: (1) The information and summons be dismissed.
(2) The prosecutor pay the defendant's costs.
Date Entered:
DISTRICT REGISTRAR
IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIAN DISTRICT REGISTRY S.A. No.10 of 1981
INDUSTRIAL DIVISION }
IN THE MATTER of a prosecution under s. 5 of the Conciliation and Arbitrat ion Act 1904 as amended.
BETWEEN: SHAHTD NAQVE
Prosecutor
M.BeP.(S-A.} PTY. LIMITED
E
Defendant
ORDER
JUDGE MAKING ORDER : EVATT J.
DATE OF ORDER 1 SEPTEMBER 1981
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: The information and summons be dismissed.
Date Entered: DISTRICT REGISTRAR
IN THE FEDERAL COURT OF AUSTRALTA
SSQUTH AUSTRALIAN DISTRICT REGISTRY S.A. Nos.9 & 10 of 1981
) INDUSTRIAL DIVISTON )
IN THE MATTER of a prosecution under s.5 of the Conciliation and Arbitratio Act 1904 as amended.
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