Federal Court of Australia
Ly
© IUDIVINT 10.4 TF
CATCHWORDS
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 - whether primary Judge erred in failing to take into account findings
of Magistrate - whether primary Judge took an irrelevant consideration
into account.
Administrative Decisions (Judicial Review) Act 1977: s. 5.
Crimes Act 1914: ss. 12 & 73.
GIUSEPPE EMANUELE v. RONALD JOHN CAHILL and ALLAN JOHN DAU
ACT G16 of 1987
FISHER, DAVIES and LOCKHART JJ. 28 AUGUST 1987
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
) ) AUSTRALIAN CAPITAL TERRITORY ) No. ACT G16 of 1987 ) )
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: GIUSEPPE EMANUELE Appellant AND: RONALD JOHN CAHILL
First Respondent ALLAN JOHN DAU
Second Respondent
JUDGES MAKING ORDER: FISHER, DAVIES and LOCKHART JJ. DATE OF ORDER: 15 JULY 1987 WHERE ORDER MADE: CANBERRA
MINUTE OF ORDERS
THE COURT ORDERS THAT:
l. The appeal be dismissed; and 2. 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 ) )
AUSTRALIAN CAPITAL TERRITORY ) No. ACT G16 fo 1987 ) )
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: GIUSEPPE EMANUELE Appellant AND: RONALD JOHN CAHILL
First Respondent
ALLAN JOHN DAU
Second Respondent
COURT: FISHER, DAVIES and LOCKHART JJ.
28 AUGUST 1987
REASONS FOR JUDGMENT
THE COURT
This is an appeal from a judgment of a single Judge of this Court (Neaves J.) dismissing an application by the appellant under s.
5 of the Administrative Decisions (Judicial Review) Act 1977 ("the
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