Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sedrak v Carney [1999] FCA 1644
ADMINISTRATIVE LAW – judicial review – decision of a magistrate in committal proceedings – perjury – whether knowingly giving false testimony – natural justice – right of private informant to address the Court after cross-examination by way of explanation Crimes Act 1914 (Cth) s 35 Magistrates' Court Act 1989 (Vic)Sch 5 Forsyth v Rodda (1988) 38 A Crim R 50 referred to Thorp v Abbotto (1992) 34 FCR 366 referred to R v Courtney (1856) 7 Cox CC 111 referred to R v Mayhew (1834) 6 Car & P 315 referred to KHAIRY AMIN SEDRAK v MARGARET ANN CARNEY AND DANUTA ALINA SEDRAK AND J F FITZGERALD V 495 OF 1999 BRANSON, WEINBERG & DOWSETT JJ 26 NOVEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 495 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KHAIRY AMIN SEDRAK
Appellant
AND: MARGARET ANN CARNEY
First Respondent
DANUTA ALINA SEDRAK
Second Respondent
J F FITZGERALD
Third Respondent
JUDGES: BRANSON, WEINBERG & DOWSETT JJ
DATE OF ORDER: 26 NOVEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondents' costs 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
VICTORIA DISTRICT REGISTRY V 495 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KHAIRY AMIN SEDRAK
Appellant
AND: MARGARET ANN CARNEY
First Respondent
DANUTA ALINA SEDRAK
Second Respondent
J F FITZGERALD
Third Respondent
JUDGES: BRANSON, WEINBERG & DOWSETT JJ
DATE: 26 NOVEMBER 1999
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