Federal Court of Australia
nts,
CATCHWORDS
Administrative Decisions (Judicial Review) Act 1977 - Review of
decision by committing Magistrate that prima facie case of conspiracy to defraud made out - Inferences to be drawn from alleged sham consultations between medical practitioner and
patient - Whether prima facie case made out.
x
Administrative Decisions (Judicial Review) Act 1977
Crimes Act 1914 - s.86(1)(e).
THOMAS ERVIN MOSS v. BRUCE RAYMOND BROWN and PETER LAMB
No. G250 of 1982
Lamb v. Moss 49 A.L.R. 533.
St. John J. Sydney 23 May 1984
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
JUDGE:
DATE OF ORDER: WHERE MADE:
THE COURT ORDERS THAT:
1. The application be dismissed.
) ) ) ) )
ORDER
Sydney.
No. G250 of 1982
BETWEEN : THOMAS ERVIN MOSS Appellant
AND:
BRUCE RAYMOND BROWN First Respondent
AND:
PETER LAMB
Second Respondent
St. John J.
Wednesday 23 May 1984
2. The applicant pay the costs of the second respondent.
3. No order as to costs of the first respondent.
IN THE FEDERAL COURT OF AUSTRALIA ) - )
NEW SOUTH WALES DISTRICT REGISTRY } No. G250 of 1982 )
GENERAL DIVISION )
BETWEEN : - . THOMAS ERVIN MOSS
Applicant
AND:
BRUCE RAYMOND BROWN
First Respondent AND;
PETER LAMB
Second Respondent
CORAM: ST. JOHN J. DATE: Wednesday 23 May 1984
REASONS FOR JUDGMENT
ST. JOHN J.
On 31 March 41978 the applicant was charged on the
information of the second respondent pursuant to 9.86(1)(e) of
the Crimes Act 1914 as follows:-
"That Thomas Ervin Moss between the Ist July, 1972 to 31st March, 1978 at Sydney in the
State of New South Wales did .conspire with Alexander John TAHMINDJIS, Demetrious
HADJIPANAYIOTIS, John CASTANOS, Nicholas CASSIMATIS, Anthony Henry DINNEN and 'divers
a~y
ea hep ee ee
en ae
2.
persons unknown to defraud the Commonwealth."
Committal proceedings commenced and atter a lengthy hearing counsel for the prosecution announced it was no longer pursuing the above charge but submitted that the evidence already adduced supported a prima facie case of a narrower conspiracy pursuant to the same section of that Act and after submissions from counsel for various defendants including the applicant, the
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