Oakley, J.C. v. Luff, P.M. [1987] FCA 128

Bn une

12 8

CATCHWORDS

CRIMINAL LAW - Liquor Ordinance 1975 (A.C.T.) - Offence for holder of permit to sell liquor to a person under the age of 18 years - Permit may be issued by Registrar of Liquor Licences or, in his absence, by the Deputy Registrar - Document issued by officer assuming to act in the matter and describing himself as "Acting Registrar of Liquor Licences" - Whether prosecution had established that defendant was the holder of a permit.

Liquor Ordinance 1975 (A.C.T.), ss.15, 63, 80, 103

JULIAN CHRISTOPHER OAKLEY v. PAUL MICHAEL LUFF

ACT G 1l of 1986

Fox, Neaves and Miles JJ. 25 March 1987

Canberra

RE} ~ APR 1987

FEDERAL COUR AUSTRALIA oF

PRINCI BEQIGTAN

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

GENERAL DIVISZTON

JUDGE MAKING ORDER

) ) ) ) No. ACT G 11 of 1986 ) ) )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN : JULIAN CHRISTOPHER OAKLEY

Appellant AND: PAUL MICHAEL LUFF

Respondent

MINUTE OF ORDER

Fox, Neaves and Miles JJ.

DATE OF ORDER : 25 March 1987

WHERE MADE

Canberra

THE COURT ORDERS THAT:

1.

Ge

The appeal be allowed.

The order of the Supreme Court of the Australian Capital Territory made on 19 February 1986 be set aside and in lieu thereof order that the appeal to that Court be dismissed, the order nisi therein be discharged and the decision of the Court of Petty Sessions dismissing the information laid by Paul Michael Luff against Julian Christopher Oakley and the order of that Court that Paul Michael Luff pay the costs of Julian Christopher Oakley in the sum of $700.00 be affirmed.

The respondent pay the appellant's costs of the appeal to this Court.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. ACT G 11 of 1986 DISTRICT REGISTRY