Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sedrak v Carney [2000] FCA 987
ADMINISTRATIVE LAW ‑ Natural justice ‑ Private prosecution ‑ Committal proceeding ‑ Hand‑up brief ‑ Brief including affidavits by prosecutor containing detailed exposition of his argument ‑ At conclusion of evidence prosecutor denied opportunity to make submissions on ground that his case had been meticulously outlined in the brief ‑ Defendants discharged ‑ Whether prosecutor denied natural justice. Administrative Decisions (Judicial Review) Act (Cth) 1977 Crimes Act 1914 (Cth) ss 4(1), 5(1), 35(1) Evidence Act 1995 (Cth) s 164 Magistrates' Court Act 1989 (Vic) s 56(2), Sch 5 MacKenzie v The Queen (1996) 71 ALJR 91 applied R v Linehan [1921] VLR 582 applied R v Hoser [1998] 2 VR 535 cited Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 applied May v O'Sullivan (1955) 92 CLR 654 at 658 cited Wentworth v Rogers (1984) 2 NSWLR 422 cited KHAIRY AMIN SEDRAK v MARGARET ANNE CARNEY, DANUTA ALINA SEDRAK and MELBOURNE MAGISTRATE R L CRISP V 256 of 1999 SUNDBERG J 26 JULY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 256 OF 1999
BETWEEN: KHAIRY AMIN SEDRAK
APPLICANT
AND: MARGARET ANNE CARNEY
DANUTA ALINA SEDRAK and
MELBOURNE MAGISTRATE R L CRISP
RESPONDENTS
JUDGE: SUNDBERG J
DATE OF ORDER: 26 JULY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application 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
VICTORIA DISTRICT REGISTRY V 256 OF 1999
BETWEEN: KHAIRY AMIN SEDRAK
APPLICANT
AND: MARGARET ANNE CARNEY
DANUTA ALINA SEDRAK and
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