Perry, E.P.G. v. Director of Public Prosecutions & Ors [1985] FCA 223

CATCHWORDS

ADMINISTRATIVE LAW - Judicial Review - applications to review decision of Magistrate and Judge under Service and Execution of Process Act - whether decision of Magistrate still subsisting - whether applicant "person aggrieved" by decision - exercise of

Courts discretion not to entertain proceedings - time for

exercise of discretion - whether decision of Judge of Supreme

Court was an administrative decision.

Administrative Decisions (Judicial Review) Act 1977 ss.3,5,9,10 Service and Execution of Process Act 1901 s5s.18,19 Constitution 5.77(iii)

Federai Court Rules Order 54 rule 4

Matters G24 and G27 of 1985.

EMILY PHYLLIS GERTRUDE PERRY - and -

DIRECTOR OF PUBLIC PROSECUTIONS and ALBERT GORDON FRY and ROBERT GORDON LEAN

FISHER J. ADELAIDE 31 MAY 1985

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIAN DISTRICT REGISTRY

GENERAL DIVISION

IN THE FEDERAL COURT OF AUSTRALTA

SOUTH AUSTRALIAN DISTRICT REGISTRY

GENERAL DIVISION

No.G24 of 1985

wwe ww

BETWEEN:

EMILY PHYLLIS GERTRUDE PERRY Applicant - and -

DIRECTOR OF PUBLIC PROSECUTIONS and ALBERT GORDON FRY and ROBERT GORDON LEAN

Respondents

No. G27 of 1985

BETWEEN:

EMILY PHYLLIS GERTRUDE PERRY

Applicant - and - DIRECTOR OF PUBLIC PROSECUTIONS and ALBERT GORDON FRY and ROBERT GORDON LEAN

Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER 2 FISHER 7.

WHERE MADE 3 ADELAIDE

DATE OF ORDER 2 31 MAY 1985

THE COURT ORDERS THAT:

Matter G24 of 1985

1. The application be dismissed.

2. The applicant Emily Phyllis Gertrude Perry pay to

respondents their costs of this application.

Matter G27 of 1985 1. The application be dismissed.

2. The applicant Emily Phyllis Gertrude Perry pay to

respondents their costs of this application.

the

the

Note: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIAN DISTRICT REGISTRY