Federal Court of Australia
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ADMINISTRATIVE LAW - Judicial review - Criminal proceedings pending before Magistrates Court of the Australian Capital Territory for offence punishable either on indictment or on summary conviction - Application to stay proceedings indefinitely as an abuse of process - Application refused in exercise of inherent jurisdiction - Application for order cf review - Objection to competency ~- Whether decision a decision of an administrative character - Whether decision made "under an enactment" - Whether irrelevant considerations taken into account - Whether failure to take into account relevant considerations - Whether exercise of power manifestly
unreasonable - Principles governing exercise of discretion to stay proceedings indefinitely.
Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5 Crimes Act 1914 (Cth), ss.12,73
Judiciary Act 1903 (Cth), s.68 Magistrates Court Ordinance 1930 (A.C.T.), ss.7, 10, 12
GIUSEPPE EMANUELE v. RONALD JOHN CAHILL & ANOR.
No. ACT G 74 of 1986
Neaves J.
25 February 1987
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) ) ) ) No. ACT G 74 of 1986 ) ) )
GENERAL DIVISION
BETWEEN : GIUSEPPE EMANUELE Applicant AND: RONALD JOHN CAHILL
First Respondent ALLAN JOHN DAU
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves J.
DATE OF ORDER
25 February 1987
WHERE MADE : Canberra THE COURT ORDERS THAT: 1. The objection to competency filed on behalf of the second respondent be dismissed. 2. The application filed on behalf of the applicant be dismissed. 3. The applicant pay the costs of the first respondent
as of a submitting party and two-thirds of the costs of the second respondent.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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