POWER V. WOODROW AND THE COMMONWEALTH OF AUSTRALIA

i ,

f 4 fe .

bY ne HIGH COURT OF AUSTRALIA.

POWER, Ej if

v.

.. HOQDROW. AND..THE. COMMONWEALTH OF. AUSTRALIA

A REASONS FOR JUDGMENT.

Judgment delivered at..

HL & Gem, Gort. Free Na on. WEDNESDAY. THR OTH JULY, 19ub..

oar

CDROW & ANOR."

RUASONS FOR TUDGH -

WOODROW & ANOR.

'REASONS oR sUDGEE

TATHAN

This ls an action for dama

bb

or false imprisonment against

the Commonwealth of 4

stralia and Colonel David Douglas Woodrow, who

ssues a warrent for the arrest of the plaintiff as an absconder from the military forces of the Commonvealth, in pursuance of which members of the Provost Corps arrested him. He was arrested in Brisbane on or about 21st September 1943, and wes taken to a military compound in Brisbatie, then to a military detention camp at Groveley, and later to a military detention camp at Redbank. He was brought before the

Acting Commanding Officer,

rV.D. Taylor, in orderly room and

was fined £3 fer absence w. it leave for a period of 13 days and 10 hours beginning on &th September 19434

plaintiff also claims a declaration that he is not an

b

enlisted member o

the Austrelian Vilitary Forces or duly appointed

to the Defence Force and an injunction restraining the defendants or

elther of them, their agents or servants or officers, from detaining

i him in any military detention camp or elsewhere. The defendants are {

not detaining the vleintiff' or threatening to detain the plaintiff and! no case has been made for an injunction. A decision uron the guestion) of false imprisonment will be seen to involve a determination of the i question whether the plaintiff was at the relevant time an enlisted member of the Australian Militery Forces.