Tahmindjis, A.J. & Ors v. Brown, B.R. & Ors [1985] FCA 296

Tahmindjis, A.J. & Ors v. Brown, B.R. & Ors [1985] FCA 296

Committal orders were set aside due to denial of natural justice; costs of the Federal Court proceedings awarded to applicants, limited for Dr. Castanos to one counsel; orders regarding discharge and costs for Magistrate's proceedings were not made as these are matters for the Magistrate.

Parties
Applicant: Alexander John Tahmindjis; Applicant: Nicholas Cassimatis; Applicant: Thomas Ervin Moss; Applicant: John Nicholas Castanos; First Respondent: Bruce Raymond Brown; Second Respondent: J.A. Haynes; Second Respondent: Peter Lamb; Second Respondent: A. Wells; Second Respondent: S.S. Foster
Jurisdiction
Australia
Judgment Date
05 June 1985
Procedural Posture
Application for Judicial Review of Committal Orders / Post Hearing Reasons for Orders
Outcome
Committal orders set aside; costs ordered in favour of applicants (Federal Court proceedings); hearing of outstanding issue to be fixed. Application by Dr. Castanos to add grounds refused, his proceedings terminated.
Legal Topics
Denial of Natural Justice, Committal Proceedings, Costs, Magistrate's Conduct
Criminal Law Administrative Law Denial of Natural Justice Committal Proceedings Costs Magistrate's Conduct

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Parties

Alexander John Tahmindjis

Applicant

Nicholas Cassimatis

Applicant

Thomas Ervin Moss

Applicant

John Nicholas Castanos

Applicant

Bruce Raymond Brown

First Respondent

J.A. Haynes

Second Respondent

Peter Lamb

Second Respondent

A. Wells

Second Respondent

S.S. Foster

Second Respondent

Procedural Posture

Application for Judicial Review of Committal Orders / Post Hearing Reasons for Orders

Legal Issues

  1. 1 Whether denial of natural justice warrants setting aside committal orders
  2. 2 Whether informants must pay applicants' costs
  3. 3 Whether Magistrate could discharge applicants and order costs under s.41A Justices Act, 1902

Ratio Decidendi

Committal orders were set aside due to denial of natural justice; costs of the Federal Court proceedings awarded to applicants, limited for Dr. Castanos to one counsel; orders regarding discharge and costs for Magistrate's proceedings were not made as these are matters for the Magistrate.

Court Disposition

Committal orders set aside; costs ordered in favour of applicants (Federal Court proceedings); hearing of outstanding issue to be fixed. Application by Dr. Castanos to add grounds refused, his proceedings terminated.

Orders

  • Committal order be set aside in each case.
  • Informant in each case pay applicant's costs of proceedings before Federal Court (limited to one counsel for Dr. Castanos).