Simpson, D.R. & Anor v Guthrie, G.S & Anor [1986] FCA 644

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No.G 265 of 1956

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BETWEEN : DAVID POBERT SIMPSON

Applicant

AND: L. R. HERON

First Respondent AND: G.S. GUTHRIE

Second Respendent AND:

PB. WILLENSKTI Chairmain of the Public Service Board, G.S.GLENN Commissioner of the Public Service Board and R.B.D. BEALE Commissioner of the Public Service Board sitting as the Public Service Board under the Public Service Act, 1922

Third Respondent

MINUTE OF ORDER

JUDGE: Fox J. DATE OF ORDER: 22 December 19286 WHERE MADE: Sydnev

THE COURT ORDERS THAT:

1. The relief sought under s.39B of the Judiciary Act 1903

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be struck cut from the statement of claim, with costs. 2. The application for an order of review be dismissed, with costs.

Note: Settlement and entry or orders is dealt with in Order 36 of the Federal Court Rules.

ee ee pene Ca mentee mete See en a mR cr one ee ee eee emt ati ee Aires te Se me ee meee eterm te mn eT

IN THE FRFDERAL COURT OF AUSTRALTA

NEW SOUTH WALES DISTRICT REGISTRY No.G 265 of 1986

we wry

GENERAL DIVISION

BETWEEN : DAVID ROBERT SIMPSON

Applicant AND: L.R. HERON First Respondent AND:

G.S. GUTHRIE Second Respondent AND:

P. WILLENSKI Chairman of the Public Service Board,

G.S. GLENN Commissioner of the Public Service Board and PR.B.D. BEALE Commissioner of the Public Service Board sitting as the Public Service Board under the Public Service Act, 1922

Third Respondent

CORAM: FOX J. DATE: 22 DECEMBER 1986

EX TEMPORE REASONS FOR JUDGMENT FOX J.

The respondents to an application under the

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Administrative Decisions (Judicial Review) Act 1977, in which

orders for prerogative writs are also sought pursuant to s.39B of the Judiciary Act 1903, have by motion sought an order dismissing the application on the ground that so far as concerns the application under the Judicial Review Act, it wags made out of