Lamb, Peter v Moss, Thomas Ervin & Ors [1983] FCA 264

CATCHWORDS

ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act - applicant seeking to have reviewed "decisions or conduct" of a stipendiary magistrate in committal proceedings - whether the magistrate made a "decision"

or "engaged in conduct" for the purpose of a "decision" - whether decisions of an "administrative character" - whether decisions or conduct "under an enactment" - the Court's discretion under the Administrative Decisions (Judicial Review) Act.

Judiciary Act 1903, ss. 68, 69, 71 Crimes Act 1914, ss. 86, 86E

Administrative Decisions (Judicial Review) Act, ss. 3, 5, 6, 7, 8, 9 to li, 12, 13, 15, 16, 18

Justices Act (N.S.W.) 1902, ss. 21, 41, 41A, 42

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PETER LAMB (appellant) v. THOMAS ERVIN MOSS (first respondent) and BRUCE RAYMOND BROWN (second respondent}

(N.S.W. G63 of 1983)

BOWEN C.J., SHEPPARD AND FITZGERALD JJ. SYDNEY 12 OCTOBER 1983 °

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G63 of 1983 GENERAL DIVISION ) BETWEEN: PETER LAMB Appellant AND:

THOMAS ERVIN MOSS

First Respondent

BRUCE RAYMOND BROWN

Second Respondent

JUDGES MAKING ORDER: Bowen C.J., Sheppard and Fitzgerald JJ.

DATE OF ORDER: 12 OCTOBER 1983 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Appeal dismissed with costs

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G63 of 1983 GENERAL DIVISION ) BETWEEN : PETER LAMB Appellant AND:

THOMAS ERVIN MOSS

First Respondent

BRUCE RAYMOND BROWN

Second Respondent

CORAM: BOWEN C.J.. SHEPPARD AND FITZGERALD JJ.

DATE: 12 OCTOBER 1983 REASONS FOR JUDGMENT

t THE COURT: This is an appeal from a decision of St. John J. dismissing an objection to the competency of an application to the Court under the Administrative Decisions (Judicial Review)

Act 1977 ("the Act").

On 31 March 1978, the first respondent, Thomas Ervin Moss, a medical practitioner, was charged on the information of the appellant, Peter Lamb, with an offence under para 86(1)(e) of the Crimes Act 1914 ("the Crimes Act"). The information alleged that, between 1 July 1972 and 31 March 1978 at Sydney in the State of New South Wales, Dr Moss conspired with certain named persons and divers unknown persons to defraud the Commonwealth of