Bowthorpe, M.P. v Minister for State for Defence & Anor [1986] FCA 391

Bowthorpe, M.P. v Minister for State for Defence & Anor [1986] FCA 391

The decision to discharge an airman from the Air Force falls within the at-pleasure doctrine and is not limited or modified by the relevant statutes or regulations; therefore, the applicant has not established an arguable case justifying interlocutory relief.

Parties
Applicant: Martin Paul Bowthorpe; First Respondent: Minister of State for Defence; Second Respondent: Chief of the Air Staff
Jurisdiction
Australia
Judgment Date
09 March 1986
Procedural Posture
Application for Interlocutory Relief / Interlocutory
Outcome
application for interlocutory relief dismissed
Legal Topics
Judicial Review, Employment at Pleasure of the Crown, Armed Forces Discharge, Interlocutory Injunction, Natural Justice
Administrative Law Military Law Judicial Review Employment at Pleasure of the Crown Armed Forces Discharge Interlocutory Injunction Natural Justice

Case Brief

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Parties

Martin Paul Bowthorpe

Applicant

Minister of State for Defence

First Respondent

Chief of the Air Staff

Second Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory

Legal Issues

  1. 1 Whether the applicant is entitled to interlocutory injunctive relief restraining discharge from the Air Force pending review under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  2. 2 Whether the decision to discharge is reviewable under the Judicial Review Act
  3. 3 Whether statutory or common law modifies the 'at pleasure' doctrine in relation to Air Force airmen

Ratio Decidendi

The decision to discharge an airman from the Air Force falls within the at-pleasure doctrine and is not limited or modified by the relevant statutes or regulations; therefore, the applicant has not established an arguable case justifying interlocutory relief.

Court Disposition

application for interlocutory relief dismissed

Orders

  • The application by Martin Paul Bowthorpe for interlocutory relief be dismissed.
  • The applicant pay the respondents' costs of that application.