Johnson, Malcolm Keith v Holmes, Ralph Murray & Ors [1998] FCA 1482

FEDERAL COURT OF AUSTRALIA APPEAL – Application for extension of time to appeal – Decision of primary judge dismissing Administrative Decisions (Judicial Review) application on the ground it had not been made within a reasonable time – Application sought review of decision in connection with prosecution for criminal offences – Detention of 2 ˝ years since last information filed – Reasons for delay – Whether appellable error by primary judge - Undesirability of fragmenting the criminal process.

Administrative Decisions (Judicial Review) Act 1977 Newby v Moodie (1988) 83 ALR 523 – applied

MALCOLM KEITH JOHNSON v RALPH MURRAY HOLMES AND ORS

SG 54 OF 1997

JUDGES: WILCOX, TAMBERLIN AND MERKEL JJ

PLACE: ADELAIDE

DATE: 18 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY sg 54 of 1997

BETWEEN: MALCOLM KEITH JOHNSON

Applicant

AND: RALPH MURRAY HOLMES

First Respondent

NATIONAL CRIME AUTHORITY

Second Respondent

the commonwelath director of public prosecutions

third respondent

JUDGES: WILCOX, TAMBERLIN AND MERKEL JJ

DATE OF ORDER: 18 november 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for extension of time to appeal against the decision of O'Loughlin J on 16 October 1997 be dismissed. 2. The applicant pay the respondents' costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY sg 54 of 1997

BETWEEN: MALCOLM KEITH JOHNSON

Applicant

AND: RALPH MURRAY HOLMES

First Respondent

NATIONAL CRIME AUTHORITY

Second Respondent

the commonwealth director of public prosecutions