Federal Court of Australia
JUDGMENT No. 3787.58...
LIMITED DISTRIBUTION
CATCHWORDS
Administrative Law - Review of Magistrate's decision to commit Applicant for trial on charges under s. 29A(2) of the Crimes Act, 1914 (Cth) and s. 178 BA of the Crimes Act, 1900 (N.S.W.) - Jurisdiction — Discretion - Whether charges as laid disclose any offence ~- Whether Magistrate had before him sufficient material from which to draw the necessary inferences - Magistrate's decision upheld.
Lamb v. Moss, 49 A.L.R. 533
Rv. Laverty, (1970) 3 All E.R. 432
Victoria v. The Commonwealth, 122 C.L.R. 353
Ss 5, 6 Administrative Decisions (Judicial Review) Act, 1977
Ss 5, 9 Sales Tax Act, Number 5
Ss BA, 8B(i), 83(3) Tax Administration Act, 1953
FRANKLYN ERNEST YATES v. BERTRAM WILSON, NICHOLAS ERNEST BURY, DIRECTOR OF PUBLIC PROSECUTIONS (CTH)
G758 of 1987
CORAM: M. L. FOSTER, J. DATE: 23 JUNE, 1988.
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G758 of 1987 GENERAL DIVISION ) BETWEEN: FRANKLYN ERNEST YATES Applicant AND: BERTRAM WILSON
First Respondent
NICHOLAS ERNEST BURY
Second Respondent
DIRECTOR OF PUBLIC PROSECUTIONS (Commonwealth)
Third Respondent
CORAM: M. L. FOSTER, J. DATE: 23 JUNE, 1988.
PLACE: SYDNEY.
REASONS FOR JUDGMENT
( EXTEMPORE }
HIS HONOUR: The applicant in these proceedings was committed for trial by the first respondent, a Magistrate of the Local Court on 10 December, 1987 on 65 charges under s. 29A(2) of the Crimes Act, 1914 (Cth) and one charge under s. 178BA of the Crimes Act,
1900 (N.S.W.).
The second respondent is the police officer involved in the bringing of the charges and the third respondent is the
Commonwealth Director of Public Prosecutions.
The proceedings before me are brought pursuant to
sections 5 and 16 of the Administrative Decisions (Judicial
Review) Act, 1977 . Orders are sought for the quashing of the decisions of the first respondent committing the applicant for
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