Skyring, Alan George v Telecom Australia [1984] FCA 391

no JUDGMENT No. moet Ot.

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24 | IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) QLD G105 of 1984 BETWEEN : ALAN GEORGE SKYRING Applicant AND: TELECOM AUSTRALIA Respondent ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 18 OCTOBER 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Application G105 of 1984 be refused.

2. Applicant pay Respondent's costs to be taxed.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION

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QLD G105 of 1984

BETWEEN : ALAN GEORGE SKYRING Applicant AND: TELECOM AUSTRALIA Respondent SPENDER J. 18 OCTOBER 1984

EXTEMPORE REASONS FOR JUDGMENT

I assume for the purpose of this application that the communication which is Exhibit "A" to Mr Skyring's affidavit, filed 9 October 1984, which is a letter dated 26 September 1984,

(which is the date upon which this application was filed), and/or

the conduct by the person responsible for that letter constitutes

a decision to which the Administrative Decisions (Judicial

Review) Act 1977 ("the Act") applies.

I have listened to the confident submissions made by Mr Skyring in relation to this matter, and shortly put, none of the grounds of his application are made out. It is not suggested by him that there is anything biased or mala fide in the dealings by the officers of Telecom Australia. Essentially, what he frankly

asserts to be the reason for these various applications is his

desire to challenge the money system, essentially on the grounds

of claimed infringement of s.115 of the Commonwealth

Constitution.

I refer to the judgment of McPherson J. in the Queensland Supreme Court in relation to an income tax appeal between Mr Skyring and the Commissioner of Taxation (unreported

19 August 1983). I adopt expressly the observations which appear

at p.3 of his Honour's judgment -