Federal Court of Australia
Administrative law - judicial review - application for review of decision to commit for trial - review of evidence - consideration of degree to which committing Magistrate ought to be satisfied of guilt of an
accused person.
Banking (Foreign Exchange) Regulations, reg. 40. Justices Act 1902 (N.S.W.), s. 41
PETER LEOPOLD CLYNE v. EARDLEY MURRAY SCOTT (S.M.) & ORS.
No. G50 of 1984 Coram: Sheppard J. 28 March 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. G50 of 1984
NEW SOUTH WALES DISTRICT REGISTRY
BETWEEN PETER LEOPOLD CLYNE
Applicant
EARDLEY MURRAY SCOTT (S.M.) & ORS.
Respondents ORDER JUDGE MAKING ORDER: Sheppard J. DATE OF ORDER: 28 March 1984 WHERE MADE: Sydney THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the second and third
respondents of the application.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. G50 of 1984
wee
NEW SOUTH WALES DISTRICT REGISTRY
BETWEEN PETER LEOPOLD CLYNE
Applicant
EARDLEY MURRAY SCOTT (S.M.) & ORS.
Respondents
CORAM: Sheppard J. 28 March 1984 REASONS FOR JUDGMENT On 10 December 1982 the applicant was charged with
an offence against reg. 40 of the Banking (Foreign Exchange) Regulations. That regulation, so far as it is relevant, provides that a person shall not make to any officer of the Reserve Bank any statement, whether oral or in writing, relating to any act, transaction, matter, or thing to which the provisions of the Regulations apply which he knows to be untrue. The charge, so far as it is material, 1s as follows:-
"Peter Clyne ... at Sydney on or about 7th
June 1981 (did) make a false statement to
an officer of the Reserve Bank of Australia in writing relating to a transaction to
which the Banking (Foreign Exchange) Regulations applied which he knew to be untrue in that he wrote to Mr. A. J. Webster an officer of the Reserve Bank of Australia that a receipt dated 20th May 1981 in the amount of one million six hundred thousand schillings being payment in full for Apartment No. 25, Franzensgasse 26, Vienna A-1050 was a settlement receipt signed by
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