The Queen & Ors v Parkes Rural Distributions Pty Ltd [1987] FCA 463

The Queen & Ors v Parkes Rural Distributions Pty Ltd [1987] FCA 463

As the validity of the s.8(3) certificate and related matters has already been determined in the Supreme Court and upheld on appeal, an attempt to relitigate or raise new grounds now would result in a judgment inconsistent with the earlier judgment and constitutes an abuse of process. The proceeding must therefore be dismissed.

Parties
Prosecutor: PARKES RURAL DISTRIBUTIONS PTY LIMITED; First Respondent: RICHARD JOHN BALFOUR; Second Respondent: THE STATE OF NEW SOUTH WALES
Jurisdiction
Australia
Judgment Date
27 August 1987
Procedural Posture
Motion to Dismiss / Judicial Review / Final Judgment on Motions to Dismiss as Abuse of Process
Outcome
Application dismissed as abuse of process.
Legal Topics
Abuse of Process, Judicial Review, Validity of Certificates, Res Judicata, Natural Justice
Administrative Law Abuse of Process Judicial Review Validity of Certificates Res Judicata Natural Justice

Case Brief

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Parties

PARKES RURAL DISTRIBUTIONS PTY LIMITED

Prosecutor

RICHARD JOHN BALFOUR

First Respondent

THE STATE OF NEW SOUTH WALES

Second Respondent

Procedural Posture

Motion to Dismiss / Judicial Review / Final Judgment on Motions to Dismiss as Abuse of Process

Legal Issues

  1. 1 Whether the proceeding is an abuse of process in light of previous Supreme Court determinations
  2. 2 Whether grounds not previously litigated can be raised
  3. 3 Validity of certificates issued under Petroleum Products Subsidy Act 1965 (NSW) s.8(3) and scheme cl.A4(3)

Ratio Decidendi

As the validity of the s.8(3) certificate and related matters has already been determined in the Supreme Court and upheld on appeal, an attempt to relitigate or raise new grounds now would result in a judgment inconsistent with the earlier judgment and constitutes an abuse of process. The proceeding must therefore be dismissed.

Court Disposition

Application dismissed as abuse of process.

Orders

  • The Order to Show Cause is discharged and the principal proceeding is dismissed.
  • The prosecutor must pay the costs of both respondents incurred in connection with both the principal proceeding and their motions to dismiss.