Federal Court of Australia
- QBY
CATCHWORDS
Administrative Law - Judicial Review - Jurisdiction to review
"decision" of Attorney-General for the Commonwealth in declining to consider representations whether after committal he should proceed with a prosecution - whether any duty to do so - exercise
of prerogative - Judiciary Act 1903 s.71 - Director of Public
Prosecutions Act 1983 s.9 - Director of Public Prosecutions
(Consequential Amendments) Act 1983 s.22.
PETER CLYNE v. SENATOR THE HON. GARETH EVANS, ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA (First Respondent) AND THE DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA (Second Respondent).
No. NSW G235 of 1984
CORAM: McGreaqor, Fisher & Neaves JJ.
14 September 1984
Svdney
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G235 of 1984 )
GENERAL DIVISION )
On appeal from a single Judge of the Federal Court of Australia
BETWEEN : PETER CLYNE Appellant AND:
SENATOR THE HON. GARETH EVANS, ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
First Respondent
AND: THE DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA Second Respondent ORDER
JUDGES MAKING ORDER: McGreqor, Fisher and Neaves JJ. DATE OF ORDER: 14 September 1984
WHERE MADE: Svdney
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondents' costs.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G235 of 1984 ) GENERAL DIVISION )
On appeal from a single Judge of the Federal Court of Australia
BETWEEN : PETER CLYNE Appellant AND: SENATOR THE HON. GARETH EVANS.
ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
First Respondent AND:
THE DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA
Second Respondent
Coram: McGregor, Fisher and Neaves JJ.
Date: 14 September 1984
REASONS FOR JUDGMENT
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate