Federal Court of Australia
CATCHWORDS
Motor Traffic (Alcohol and Drugs) Ordinance 1977 - Screening device - Alcolmeter - Whether validly approved by Minister
under s.5(2) of Ordinance.
PETER JOHN BRADLEY
Vv.
PAUL ANTHONY ARMSTRONG
F.C, No. A.C.T. G.21 of 1981
Coram: Fox, Connor and McGregor JJ. Date: &@ November 1981
Canberra, A.C.T.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
No. A.C.T. G.21 of 1981 DISTRICT REGISTRY
ee
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUS CAPT ERRITOR
BETWEEN: PETER JOHN BRADLEY
Appellant
AND: PAUL ANTHONY ARMSTRONG
Respondent ORDER JUDGES MAKING ORDER : FOX, CONNOR AND McGREGOR JJ. DATE OF ORDER : 6 November 1981 WHERE MADE : Canberra, A.C.T. THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order in the Supreme Court dismissing the appeal
be set aside and in accordance with s.219F(5) and (6) of the Court of Petty Sessions Ordinance 1930 the appellant pay the respondent's costs of the appeal to the Supreme Court.
3. The matter be remitted to the Court of Petty Sessions, Canberra to be dealt with according to law.
4. The question of costs of the appeal to this Court be
reserved,
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) ) No. ACT G 21 of 1981 GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
. PETER JOHN BRADLEY
Appellant
PAUL ANTHONY ARMSTRONG
Respondent
Coram: Fox, Connor and McGregor JJ
6 November 1981
Canberra.
REASONS FOR JUDGMENT
FOX J:
This is an appeal from a decision of the Supreme Court of the Australian Capital Territory. (Blackburn CJ), in which he reviewed a decision of the Court of Petty Sessions relating to the operation of the Motor Traffic (Alcohol and Drugs) Ordinance,_1977 of that Territory. The question which arises is whether by a notification of 28 September 1977 the Minister for the Capital Territory had, pursuant to s.5(2) of the Ordinance, approved a device of a type described in the
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