Newby, D.J. v. Moodie, R.G. & Anor [1988] FCA 273

Newby, D.J. v. Moodie, R.G. & Anor [1988] FCA 273

The application for review of the decision to prosecute was not made within a reasonable time and no adequate explanation for delay was offered; in any event, the absence of exceptional circumstances and the availability of relief before the Local Court meant the application should be refused in the exercise of the court's discretion. The decision to prosecute was an administrative decision reviewable under the Act, but no ground for relief was established.

Parties
Appellant: Dennis James Newby; First Respondent: Robert George Moodie; Second Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
03 June 1988
Procedural Posture
Appeal / Appeal From a Single Judge of the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
Judicial Review, Prosecution Decisions, Abuse of Process, Delay, Discretion
Administrative Law Judicial Review Prosecution Decisions Abuse of Process Delay Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Dennis James Newby

Appellant

Robert George Moodie

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Appeal / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the decision to prosecute was reviewable under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the prosecution constituted an oppressive or abusive exercise of power
  3. 3 Whether due consideration was given to relevant factors, including delay and personal hardship to the appellant

Ratio Decidendi

The application for review of the decision to prosecute was not made within a reasonable time and no adequate explanation for delay was offered; in any event, the absence of exceptional circumstances and the availability of relief before the Local Court meant the application should be refused in the exercise of the court's discretion. The decision to prosecute was an administrative decision reviewable under the Act, but no ground for relief was established.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay respondents' costs.