IN THE MATTER OF AN APPLICATION FOR A WRIT OF CERTIORARI AGAINST L.P. MITCHELL ESQUIRE, STIPENDIARY MAGISTRATE SITTING AS A MAGISTRATES COURT IN BRISBANE; EX PARTE ALAN GEORGE SKYRING 48/1985

IN THE MATTER OF AN APPLICATION FOR A WRIT OF CERTIORARI AGAINST L.P. MITCHELL ESQUIRE, STIPENDIARY MAGISTRATE SITTING AS A MAGISTRATES COURT IN BRISBANE; EX PARTE ALAN GEORGE SKYRING 48/1985

The dismissal of the appeal on the same issues by the Full Court precludes reopening them here; there is no substance to the constitutional challenge to s. 36(1) or the validity of s. 52(a); the application should be refused.

Parties
Applicant: Alan George Skyring; Respondent: L.P. Mitchell, Stipendiary Magistrate
Jurisdiction
Australia
Judgment Date
09 July 1985
Procedural Posture
Application for Writ of Certiorari / Hearing and Determination of Application
Outcome
application refused
Legal Topics
Certiorari, Defacement of Currency, Legislative Power of Commonwealth, Legal Tender
Constitutional Law Criminal Law Certiorari Defacement of Currency Legislative Power of Commonwealth Legal Tender

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Parties

Alan George Skyring

Applicant

L.P. Mitchell, Stipendiary Magistrate

Respondent

Procedural Posture

Application for Writ of Certiorari / Hearing and Determination of Application

Legal Issues

  1. 1 Whether s. 36(1) of the Reserve Bank Act 1959, regarding Australian notes as legal tender, is beyond the legislative power of the Commonwealth
  2. 2 Whether conviction under s. 52(a) of the Reserve Bank Act 1959 is valid

Ratio Decidendi

The dismissal of the appeal on the same issues by the Full Court precludes reopening them here; there is no substance to the constitutional challenge to s. 36(1) or the validity of s. 52(a); the application should be refused.

Court Disposition

application refused

Orders

  • The application for a writ of certiorari is refused.