Federal Court of Australia
yo. SF/
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT ORDERS THAT:
)
)
) No. G 372 of 1986 )
)
BETWEEN: MARTIN PAUL BOWTHORPE Applicant AND: MINISTER OF STATE FOR
DEFENCE First respondent
CHIEF OF THE AIR STAFF
Second respondent
MINUTE OF ORDER
Neaves J. 3 September 1986
Sydney
1. The application by Martin Paul Bowthorpe for interlocutory relief be dismissed.
2. The applicant pay the respondent's costs of that application.
Note:
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
REC He 12 SEP 1986
FEDERAL COURT OF AUSTRALIA PAINS PAL
pre ' Af oa
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 372 of 1986
ween
GENERAL DIVISION
BETWEEN : MARTIN PAUL BOWITHORPE Applicant AND: MINISTER OF STATE FOR DEFENCE
First respondent
CHIEF OF THE AIR STAFF
Second respondent
CORAM: Neaves J.
DA
i
11 September 1986
|
REASONS FOR JUDGMENT
On 3 September 1986 I dismissed, with costs, an application by Martin Paul Bowthorpe ("the applicant") for certain interlocutory relief against the Minister of State for Defence and the Chief of the Air Staff and said that I would publish my reasons for reaching that conclusion. What follows
are those reasons.
The application, as filed, sought relief against the Minister of State for Defence and the Commanding Officer of the Royal Australian Air Force. At the commencement of the hearing
I gave the applicant leave to amend the proceedings by
2.
substituting the Chief of the Air Staff as the second
respondent in place of the Commanding Officer of the Royal
Australian Air Force.
The applicant sought an interlocutory injunction restraining the respondents from proceeding to carry into effect a decision made on or about 20 August 1986 by the Chief of the Air Staff that the applicant be discharged from the Royal Australian Air Force ("the Air Force"). The injunction
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