Sargeson v Chief of Army [2005] FCA 1670

FEDERAL COURT OF AUSTRALIA

Sargeson v Chief of Army [2005] FCA 1670

ADMINISTRATIVE LAW – jurisdictional error - military detention – application of principles of sentencing INJUNCTION – interlocutory application - habeas corpus – mandatory interlocutory injunction – balance of convenience – serious question Defence Force Discipline Act 1982 (Cth) – s 70 Judiciary Act 1903 (Cth) - s 39B Defence Force Discipline Appeals Act 1955 (Cth) - s 20

Re Bolton and Another; Ex Parte Bean (1987) 162 CLR 514 referred to Re Tracey; Ex Parte Ryan (1989) 166 CLR 518 referred to Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 136 ALR 481 referred to Rogers v Chief of Navy [2002] ADFDAT 1 referred to Ruddock v Vardalis (2001) 110 FCR 491 referred to Minister for Immigration, Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 referred to Al Kateb v Godwin (2004) 208 ALR 124 referred to Alsalih v Manager Baxter Immigration Detention Facility (2004) 136 FCR 291 referred to SOLDIER UNDER SENTENCE CASEY SARGESON v LIEUTENANT GENERAL PETER LEAHY, CHIEF OF ARMY AND MAJOR GARRY ANTHONY WARD, OFFICER COMMANDING DEFENCE FORCE CORRECTIVE ESTABLISHMENT NSD 2245 of 2005 JACOBSON J 17 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2245 OF 2005

BETWEEN: SOLDIER UNDER SENTENCE CASEY SARGESONAPPLICANT

AND: LIEUTENANT GENERAL PETER LEAHY

CHIEF OF ARMY

FIRST RESPONDENT

MAJOR GARRY ANTHONY WARD

OFFICER COMMANDING

DEFENCE FORCE CORRECTIVE ESTABLISHMENT

SECOND RESPONDENT