Igoe v Major General Michael Ryan AM in his capacity as a Reviewing Authority [2020] FCA 789

Igoe v Major General Michael Ryan AM in his capacity as a Reviewing Authority [2020] FCA 789

The applicant established a serious question to be tried regarding jurisdictional error and procedural fairness in the service tribunal's decision, demonstrated injury for which damages were not adequate, and the balance of convenience supported an interlocutory injunction restraining implementation of the imprisonment order.

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Interlocutory Application / Ex Parte Hearing for Interlocutory Injunction
Outcome
Interlocutory injunction granted; application adjourned; costs reserved; liberty to apply ordered.
Legal Topics
['interlocutory Injunction' 'service Tribunal Decisions' 'jurisdictional Error' 'procedural Fairness' 'sentencing Principles']
['practice and Procedure' 'military Law'] ['interlocutory Injunction' 'service Tribunal Decisions' 'jurisdictional Error' 'procedural Fairness' 'sentencing Principles']

Case Brief

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Procedural Posture

Interlocutory Application / Ex Parte Hearing for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether decisions of service tribunals are affected by jurisdictional error under s 39B Judiciary Act 1903 (Cth)' 'Issues of procedural fairness in the conduct of the hearing' 'Failure to apply proper sentencing principles' "Correct understanding of the Snapchat application's features" 'Correct application of precedent in McDonald and DeBlaquiere']

Ratio Decidendi

The applicant established a serious question to be tried regarding jurisdictional error and procedural fairness in the service tribunal's decision, demonstrated injury for which damages were not adequate, and the balance of convenience supported an interlocutory injunction restraining implementation of the imprisonment order.

Court Disposition

Interlocutory injunction granted; application adjourned; costs reserved; liberty to apply ordered.

Orders

  • ['Injunction restraining all Service Police, Members and Special Members of the Australian Federal Police, and Commonwealth Officers, from implementing the Order of Brigadier Michael Cowen QC requiring the applicant to undergo imprisonment for 35 days, until further Order.' 'Application adjourned for hearing to a...