Federal Court of Australia
: a L/P 94JAQFOAT 2.
DEFENCE FORCE DISCIPLINE
APPEAL TRIBUNAL DFDAT No. 1 of 1993
IN THE MATTER OF THE DEFENCE FORCE DISCIPLINE APPEAL ACT 1955 AND THE DEFENCE FORCE DISCIPLINE ACT 1982
BETWEEN: LIEUTENANT COLONEL RUSSELL ALEXANDER STUART Appellant AND: CHIEF OF THE GENERAL STAFF Respondent
COURT NORTHROP, J. (President) + GALLOP, J. (Member) BADGERY-PARKER, J. (Member)
PLACE SYDNEY
DATE WEDNESDAY 27 JULY 1994
BADGERY-PARKER, J: In this matter the Tribunal was constituted by the President Mr. Justice Northrop, Mr. Justice Gallop and myself.
On 19 May 1994, the Tribunal ordered that the appeal be allowed, that both convictions be quashed and that there be a new trial on both charges.
An application was then made on behalf of the appellant for an order for
costs pursuant to s.37 of the Defence Force Discipline Appeal Act.
The President is of the opinion that an order should be made pursuant to subsection 37(1) of that Act that the Commonwealth pay to the appellant the sum of $11,142.52 to compensate him for expenses properly incurred by him in the prosecution of his appeal. I publish his reasons.
Mr. Justice Gallop is of the opinion that no such order should be made. | publish his reasons.
I agree with the opinion of the President and I publish my reasons for judgment.
The order is accordingly as I have indicated.
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL DFDAT No 1 of 1993
IN THE MATTER OF THE DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 AND THE DEFENCE FORCE DISCIPLINE ACT 1982
BETWEEN:
LIEUTENANT COLONEL RUSSELL ALEXANDER STUART Appellant
AND
CHIEF OF THE GENERAL STAFF Respondent
TRIBUNAL: NORTHROP J (PRESIDENT) GALLOP J (MEMBER) BADGERY-PARKER J (MEMBER)
PLACE: SYDNEY
DATE: WEDNESDAY 27 JULY 1994
MINUTES, OF ORDER
THE TRIBUNAL DIRECTS:
That pursuant to subsection 37(1) of the Defence Force Discipline Appeals Act 1955, the Commonwealth pay to the appellant the sum of $11,142.52 to compensate him for expenses properly incurred by him in the prosecution of his appeal.
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