Federal Court of Australia
CATCHWORDS
Administrative Law - judicial review - motion to remove affidavit as oppressive and for application to proceed on pleadings - availability of remedy where decision-maker fails to provide statement of reasons -
function of affidavit - whether contents hearsay.
Administrative Decisions (Judicial Review) Act 1977 ss.13(1), 13(2), 13(3), 13(4A), 13(5), 16.
Federal Court Rules Order 4 r.6, Order 14 rr.8 and 9, Order 32 r.2, Order 54 r.2.
Federal Court of Australia Act 1976 s.23
PETER HUGH LLOYD v. FRANCIS XAVIER COSTIGAN ESQUIRE Q.C. ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION
No. WA G50 of 1982
CORAM: TOOHEY J.
25 March 1983
Perth.
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WA G50 of 1982 DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN
PETER HUGH LLOYD
Applicant and
FRANCIS XAVIER COSTIGAN ESQUIRE Q.C. ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION
Respondent
Oo R D E R
JUDGE MAKING ORDER Toohey J.
DATE OF ORDER 25 March 1983
Perth
WHERE MADE
THE COURT ORDERS: 1. The applicant's notice of motion dated
23 February 1983 be dismissed.
2. The applicant pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G50 of 1982
BETWEEN :
PETER HUGH LLOYD Applicant and
FRANCIS XAVIER COSTIGAN ESQUIRE Q.C. ROYAL COMMISSIONER ON THE ACTIVITIES OF THE FEDERATED SHIP PAINTERS AND DOCKERS UNION
Respondent
CORAM: TOOHEY J.
25 March 1983
REASONS FOR JUDGMENT
This 1s an application under the Administrative Decisions (Judicial Review) Act 1977.
The decision sought to be reviewed is that of Mr. F.X. Costigan Q.C. as Royal Commissioner enquiring into the activities of the Federated Ship Painters and Dockers Union. The decision 1s identified in the
application in these terms :
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