Emanuele, G. v. Cahill, R.J. & Anor [1987] FCA 464

Emanuele, G. v. Cahill, R.J. & Anor [1987] FCA 464

The appeal was dismissed because the primary Judge was correct in holding no relevant error in law was made by the first respondent in refusing the stay, all relevant considerations regarding potential disadvantage were taken into account, and no irrelevant considerations materially affected the outcome.

Parties
Appellant: Giuseppe Emanuele; First Respondent: Ronald John Cahill; Second Respondent: Allan John Dau
Jurisdiction
Australia
Judgment Date
28 August 1987
Procedural Posture
Judicial Review / Appeal / Appeal to Full Federal Court From a Single Judge
Outcome
Appeal dismissed with costs
Legal Topics
Abuse of Process, Judicial Review, Staying Proceedings, Disclosure in Criminal Trials
Administrative Law Criminal Law Abuse of Process Judicial Review Staying Proceedings Disclosure in Criminal Trials

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Giuseppe Emanuele

Appellant

Ronald John Cahill

First Respondent

Allan John Dau

Second Respondent

Procedural Posture

Judicial Review / Appeal / Appeal to Full Federal Court From a Single Judge

Legal Issues

  1. 1 Whether the Magistrates Court's refusal to stay criminal proceedings amounted to an abuse of process
  2. 2 Whether the primary Judge erred in failing to take into account findings of the Magistrate
  3. 3 Whether the primary Judge took an irrelevant consideration into account

Ratio Decidendi

The appeal was dismissed because the primary Judge was correct in holding no relevant error in law was made by the first respondent in refusing the stay, all relevant considerations regarding potential disadvantage were taken into account, and no irrelevant considerations materially affected the outcome.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed.
  • The appellant pay the respondents' costs of the appeal.