POWER V. WOODROW AND THE COMMONWEALTH OF AUSTRALIA
The plaintiff became a member of the Defence Forces by affirmation made in the prescribed form; thus, his arrest and detention for absence without leave were lawful under military regulations. Alternatively, even if not a member, regulation 286 permitted arrest as if he were a soldier.
- Parties
- Plaintiff: John William Wilson Power; Defendant: Colonel David Douglas Woodrow; Defendant: The Commonwealth of Australia
- Jurisdiction
- Australia
- Judgment Date
- 19 July 1944
- Procedural Posture
- Action for Damages / Reasons for Judgment
- Outcome
- action dismissed
- Legal Topics
- False Imprisonment, Enlistment, Conscientious Objection, Protected Undertaking Employment, Military Detention
Case Brief
Summary, issues, holding and outcome
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Parties
John William Wilson Power
Plaintiff
Colonel David Douglas Woodrow
Defendant
The Commonwealth of Australia
Defendant
Procedural Posture
Action for Damages / Reasons for Judgment
Legal Issues
- 1 Whether the plaintiff was a member of the Defence Forces at the relevant time
- 2 Whether the arrest and detention of the plaintiff were lawful
- 3 Whether employment in a protected undertaking exempts from military service
Ratio Decidendi
The plaintiff became a member of the Defence Forces by affirmation made in the prescribed form; thus, his arrest and detention for absence without leave were lawful under military regulations. Alternatively, even if not a member, regulation 286 permitted arrest as if he were a soldier.
Court Disposition
action dismissed
Orders
- The action against the defendants is dismissed with costs.
Full Case Text
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