Martin v Purnell [1999] FCA 872

FEDERAL COURT OF AUSTRALIA

Martin v Purnell [1999] FCA 872 MAGISTRATES – appeal to ACT Supreme Court from order of Magistrate dismissing informations as disclosing no offence – application for adjournment by appellant in person refused in Supreme Court – whether procedural unfairness in Supreme Court – whether appeal to Supreme Court competent. MAGISTRATES – dismissal of informations as disclosing no offence – whether dismissal wrong in law – whether Magistrate considered allowing informant to amend informations to cure defects – Magistrates Court Act 1930 (ACT), s 28. MAGISTRATES – appeal to ACT Supreme Court from order of Magistrate for single lump sum for costs on several informations and from order that appellant file no further process without leave of a magistrate – lack of power to make orders – appeal not listed for hearing in Supreme Court – whether procedural unfairness in Supreme Court – whether appeal incompetent – whether Supreme Court should have exercised supervisory power in relation to orders of magistrate made without power – whether this Court should do so on appeal from Supreme Court.

Magistrates Court Act 1930 (ACT), s 28, s 207(1), s 219B(1) Landlord and Tenant Act 1949 (ACT), s 89(4), s 91 Interpretation Act 1971 (ACT), s 33 Crimes Act 1900 (ACT), 345, s 477 Jervis' Act 1848 (11 & 12 Vict.c.43, sec 1) Federal Court of Australia Act 1976 (Cth), s 24(1)(b), s 28(1) Australian Capital Territory (Self-Government) Act 1988 (Cth), s 48A Supreme Court Act 1933 (ACT), s 20 Australian Capital Territory Supreme Court Act 1933 (Cth), s 11 Emanuele v Cahill (1987) 71 ALR 302 DPP v Shirvanian (1998) 44 NSWLR 129 Ex parte Lovell; Re Buckley & Another (1938) 38 NSWSR 153 Johnson v Miller (1937) 59 CLR 467 Re Peterson; Ex parte Brick & Pipe Industries Ltd (1994) 76 A Crim R 291 John L Proprietary Limited v Attorney-General (NSW) (1987) 163 CLR 508 Grey v Park (1986) 65 ALR 570