Peek v CEO, Australian Government Solicitor (No. 5) [2007] FCA 222

FEDERAL COURT OF AUSTRALIA

Peek v CEO, Australian Government Solicitor (No. 5) [2007] FCA 222

ADMINISTRATIVE LAW - judicial review of administrative decision making – decision pursuant to s 36(3) of the Safety Rehabilitation and Compensation Act 1988 (Cth) – discretion of Court under s 10(2)(b) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) where review in another tribunal is being pursued – decision pursuant to s 41A of the Safety Rehabilitation and Compensation Act 1988 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6, 10, 16, Sch 1, cl (za) Safety Rehabilitation and Compensation Act 1988 (Cth) ss 36, 38, 41A, 57 Judiciary Act 1903 (Cth) s 55ZA Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Comcare v Sassella [2001] FCA 1514; (2001) 34 AAR 142 approved Wyeth Australia Pty Ltd v Minister for Health & Aged Care (2000) 61 ALD 372; [2000] FCA 330cited GREGORY JAMES PEEK v CHIEF EXECUTIVE OFFICER, AUSTRALIAN GOVERNMENT SOLICITOR AND MEGAN PITT NSD 880 OF 2005

EDMONDS J

1 March 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 880 OF 2005

BETWEEN: GREGORY JAMES PEEK

Applicant

AND: CHIEF EXECUTIVE OFFICER, AUSTRALIAN GOVERNMENT SOLICITOR

First Respondent

MEGAN PITT

Second Respondent

JUDGE: EDMONDS J DATE OF ORDER: 1 March 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The respondents be released from their undertakings to the Court made 8 June 2005. 3. The applicant pay the respondents' costs of the application and all motions on notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 880 OF 2005