Brown, B.R. v. Tahmindjis, A.J. & Ors [1985] FCA 438

Brown, B.R. v. Tahmindjis, A.J. & Ors [1985] FCA 438

Leave to file and serve the notice of appeal out of time was refused because the applicant failed to show special reasons as required by the Rules, the grounds of appeal sought to raise new arguments not put before the judge below, the orders under s.16(1) of the Administrative Decisions (Judicial Review) Act 1977 were within power, and there was no personal or pecuniary interest for the applicant in pursuing the appeal.

Jurisdiction
Australia
Judgment Date
06 September 1985
Procedural Posture
Application for Leave to Appeal / Application for Leave to File Notice of Appeal Out of Time
Outcome
application dismissed
Legal Topics
['leave to Appeal Out of Time' 'judicial Review of Committal Proceedings' 'natural Justice' 'jurisdictional Issues in Committal Proceedings']
['practice and Procedure' 'administrative Law'] ['leave to Appeal Out of Time' 'judicial Review of Committal Proceedings' 'natural Justice' 'jurisdictional Issues in Committal Proceedings']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to File Notice of Appeal Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to file a notice of appeal out of time under Federal Court Rules Order 52 sub-r.15(2)' 'Whether the orders made under s.16(1) of the Administrative Decisions (Judicial Review) Act 1977 were authorized' 'Whether direction to discharge defendants is inconsistent with s.41(6) of Justices Act 1902 (NSW)' 'Whether decisions of magistrates in committal proceedings are of an administrative character for purposes of Administrative Decisions (Judicial Review) Act 1977']

Ratio Decidendi

Leave to file and serve the notice of appeal out of time was refused because the applicant failed to show special reasons as required by the Rules, the grounds of appeal sought to raise new arguments not put before the judge below, the orders under s.16(1) of the Administrative Decisions (Judicial Review) Act 1977 were within power, and there was no personal or pecuniary interest for the applicant in pursuing the appeal.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'The applicant pay to the respondents their costs of the application.']