Thompson, John Cranston v. Mastertouch T.V. Service Pty Ltd [1978] FCA 44

Thompson, John Cranston v. Mastertouch T.V. Service Pty Ltd [1978] FCA 44

Section 24(1) of the Federal Court of Australia Act 1976 does not, by its general words, confer jurisdiction on the Federal Court of Australia to hear appeals from judgments of acquittal entered by a court of competent jurisdiction after a hearing on the merits in criminal proceedings; nor does it confer authority...

Source-derived case information.

Parties
Appellant: John Cranston Thompson; Respondent: Mastertouch T.V. Service Pty. Limited
Jurisdiction
Australia
Judgment Date
23 June 1978
Procedural Posture
Criminal Appeal / Appeal From a Judgment of Acquittal by a Single Judge of the Federal Court
Outcome
Appeal dismissed as incompetent for lack of jurisdiction.
Legal Topics
Appeals, Jurisdiction, Acquittal, Statutory Interpretation
Criminal Law Appeals Jurisdiction Acquittal Statutory Interpretation

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Parties

John Cranston Thompson

Appellant

Mastertouch T.V. Service Pty. Limited

Respondent

Procedural Posture

Criminal Appeal / Appeal From a Judgment of Acquittal by a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether the Federal Court of Australia has jurisdiction to hear an appeal from a judgment of acquittal pronounced by a court of competent jurisdiction after a hearing on the merits in criminal proceedings
  2. 2 Whether s.24(1) of the Federal Court of Australia Act 1976 confers jurisdiction to hear and determine such an appeal and authorizes an unsuccessful prosecutor to institute it

Ratio Decidendi

Section 24(1) of the Federal Court of Australia Act 1976 does not, by its general words, confer jurisdiction on the Federal Court of Australia to hear appeals from judgments of acquittal entered by a court of competent jurisdiction after a hearing on the merits in criminal proceedings; nor does it confer authority on an unsuccessful prosecutor to institute such an appeal. Clear and unambiguous language is required to effect such a departure from fundamental common law principles, and no such language exists in s.24(1).

Court Disposition

Appeal dismissed as incompetent for lack of jurisdiction.

Orders

  • The appeal is dismissed as incompetent.
  • The appellant is ordered to pay the respondent's costs.