Thomas Errin Moss v. Bruce Raymond Brown & Anor [1983] FCA 1
Federal Court of Australia
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(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.
20/2
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
«6/2
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.
The decision in respect of which the application
for review has been made is the decision that a prima
facie case has been made out. In those circumstances
I see no grounds for treating this matter as urgent.
TT |
L cortify that this and the owe (1)
preceding puges are a true copy of the
Reasons for Judgment heroin of his Honour
ur. Justice GT Tous
Assoczate
Dated i (1-1-3 |
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