Federal Court of Australia
wee 66
CATCHWORDS
DEFENCE - Military Forces - Royal Australian Air Force - Officer - Appointment on probation for term of years - Short service commission for four years in the Permanent Air Force followed by a period of years in the Air Force Reserve issued - Termination of officer's probationary appointment by Executive Council - No action taken to cancel commission - Whether officer entitled to remuneration after the date of termination of his appointment.
Air Force Act 1923 (Cth), ss.3, 4A, 4B, 4C, 4D, 4G, 47
Air Force Regulations, regs 31, 32, 45, 46, 46A, 47, 53, 54B, 57, 72, 530
Defence Act 1903 (Cth), ss.12, 117B
Federal Court Rules, Order 11, r.16, Order 20, r.2
BRIAN WILLIAM PATTON v. THE HONOURABLE KIM CHRISTIAN BEAZLEY, MINISTER OF STATE FOR DEFENCE and ANOR.
No. G 33 of 1986
Northrop, Neaves and Beaumont JJ. 23 February 1987
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
No. G 33 of 1986
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BRIAN WILLIAM PATTON
Appellant
AND: THE HONOURABLE KIM CHRISTIAN BEAZLEY, MINISTER OF STATE FOR DEFENCE and THE COMMONWEALTH OF AUSTRALIA
Respondents
MINUTE OF ORDER
THE COURT Northrop, Neaves and Beaumont JJ. DATE OF ORDER : 23 February 1987 WHERE MADE Canberra
THE COURT ORDERS THAT:
lL.
2. 3.
The orders made by Pincus J. on 11 September 1985 be varied by substituting for those orders an order that the proceeding brought by Brian William Patton be dismissed generally, with costs including the costs of the motion dealt with by Pincus J., on the
ground that no reasonable cause of action is disclosed.
Otherwise the appeal be dismissed.
The appellant pay the costs of the respondents of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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