Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial Review - Decisions made in
committal proceedings for alleged breach of Banking (Foreign Exchange) Regulations - Claim that proceedings could not be maintained or continued since not properly instituted - Claim
that regulation 42 of Banking (Foreign Exchange) Regulations
invalid since it does not "prescribe" a penalty for breach of regulation 40 as required by Banking Act, 1959 - No consent
of Treasurer as required by Act prior to institution of proceedings - Informant not a proper informant - Decision to admit certain admissions made by applicant in other proceedings - Admissibility
of the confessional material considered - Discretion - Consideration
of power of review in respect of committal proceedings.
Administrative Decisions (Judicial Review) Act, 1977 s.5
Banking Act, 1959 s.39(2)(q), 70(1), 70(3), 70(4)
Banking (Foreign Exchange) Regulations, regulation 40, 42 Crimes Act, 1914 s.13
PETER LEOPOLD CLYNE v. EARDLEY MURRAY SCOTT (S.M.) AND PAUL
JAMES HOLDING
No. G193 of 1983 G317 of 1983
Beaumont, J. 12 December, 1983. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
eed
No. G193 of 1983
GENERAL DIVISION No. G317 of 1983
BETWEEN: PETER LEOPOLD CLYNE Applicant AND: EARDLEY MURRAY SCOTT (S.M.)
First Respondent
ND: PAUL JAMES HOLDING
Second Respondent
ORDERS
Judge making orders: Beaumont, J.
Date orders made: 12 December, 1983.
Where made: Sydney
THE COURT ORDERS THAT:
1. The application be dismissed in each case. 2. The applicant pay the costs of the second
respondent, including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY )} ) )
No. G193 of 1983 No. G317 of 1983
GENERAL DIVISION
BETWEEN: PETER LEOPOLD CLYNE Applicant AND: EARDLEY MURRAY SCOTT (S.M.)
First respondent
AND: PAUL JAMES HOLDING
Second respondent
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