Thomas Errin Moss v. Bruce Raymond Brown & Anor [1983] FCA 1

(1S

IN THE FEDERAL COURT OF AUSTRALIA WA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G. 250 of 1982

THOMAS ERVIN MOSS

Applicant and

BRUCE RAYMOND BROWN

First Respondent amd PDTER LAMB

Second Respondent

ORDERS JUDGE MAKING ORDERS: ST, JOHN, J. 5 DATEL OF ORDERS: THURSDAY 6 JANUARY 1983 WHERE MADE: AT SYDNEY

THE COURT ORDERS THAT:

1. The applicant file any additional facts or documentary evidence relied upon in support of the application within twenty-one (21)

days of this date.

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The application for review be fixed for

hearing in early February 1983 by consul-~

tation with the registrar.

No order as to costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GLNERAL DIVISION

No. G. 250 of 1982

THOMAS ERVIN MOSS

Applicant and

BRUCL RAYMOND BROW?

First Respondent

Second Respondent

REASONS FOR JUDGIIENT

(EXTEMPORE)

ST. JOHN, J.

THURSDAY 6 JANUARY 1983

AT SYDNEY

.

This is an application by the respondent Peter Lamb for expedition of an application by Thomas Exvin Moss to review a decision of Ilis Worship Bruce Raymond Brown (the first respondent)

made at the end of committal proceedings in which

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the applicant was charged with conspiracy and

against whom a prima facie case was found.

To the application the second respondent has filed an objection to the competency of this court alleging that there is no Jurisdiction in the court to review the decision of the first respondent, and it is put to me that the matter should be urgently dealt with during the vacation on the basis that it 1s in the public interest

that it be decided.

The present position of the compeittal proceedings is that on 18 January next the magistrate will seek from the applicant an indication as to

whether or not he proposes to call evidence and if

~

he does so propose to call evidence, that evidence

will be heard in March of this year.