Naqvi, S. v. M.B.P. (SA) Pty Ltd [1981] FCA 143

Naqvi, S. v. M.B.P. (SA) Pty Ltd [1981] FCA 143

The information and summonses for alleged offences under s.5(1)(aa) and s.5(1)(f) of the Conciliation and Arbitration Act were filed more than one year after the date of the alleged offences. Section 21(1)(c) of the Crimes Act applies and prevents commencement outside one year where only a pecuniary penalty is provided and no imprisonment. There is no statutory power to extend the limitation. The Court therefore has no jurisdiction and proceedings are to be dismissed. As such proceedings commenced outside the limitation period are vexatious or without reasonable cause, costs are payable by the prosecutor under s.197A of the Act.

Parties
Prosecutor: Shahid Naqvi; Defendant: M.B.P.(S.A.) Pty. Limited
Jurisdiction
Australia
Judgment Date
01 September 1981
Procedural Posture
Prosecution Under S.5 of the Conciliation and Arbitration Act 1904 as Amended / Judgment and Order (preliminary Point, Dismissal, Costs)
Outcome
The information and summonses in both S.A. No.9 and S.A. No.10 of 1981 are dismissed for want of jurisdiction due to being statute-barred. The prosecutor is ordered to pay the defendant's costs in matter S.A. No.9 of 1981 only.
Legal Topics
Prosecutions Under Conciliation and Arbitration Act, Statutory Time Limitation, Court Jurisdiction, Costs for Vexatious Proceedings
Industrial Law Prosecutions Under Conciliation and Arbitration Act Statutory Time Limitation Court Jurisdiction Costs for Vexatious Proceedings

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 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shahid Naqvi

Prosecutor

M.B.P.(S.A.) Pty. Limited

Defendant

Procedural Posture

Prosecution Under S.5 of the Conciliation and Arbitration Act 1904 as Amended / Judgment and Order (preliminary Point, Dismissal, Costs)

Legal Issues

  1. 1 Whether the proceedings for offences under s.5(1)(aa) and s.5(1)(f) of the Conciliation and Arbitration Act 1904 were commenced within the statutory time limitation under s.21(1)(c) of the Crimes Act 1914
  2. 2 Whether the Court has jurisdiction to hear the prosecution commenced outside the limitation period
  3. 3 Whether the prosecutor instituted the proceedings vexatiously or without reasonable cause, entitling defendant to costs

Ratio Decidendi

The information and summonses for alleged offences under s.5(1)(aa) and s.5(1)(f) of the Conciliation and Arbitration Act were filed more than one year after the date of the alleged offences. Section 21(1)(c) of the Crimes Act applies and prevents commencement outside one year where only a pecuniary penalty is provided and no imprisonment. There is no statutory power to extend the limitation. The Court therefore has no jurisdiction and proceedings are to be dismissed. As such proceedings commenced outside the limitation period are vexatious or without reasonable cause, costs are payable by the prosecutor under s.197A of the Act.

Court Disposition

The information and summonses in both S.A. No.9 and S.A. No.10 of 1981 are dismissed for want of jurisdiction due to being statute-barred. The prosecutor is ordered to pay the defendant's costs in matter S.A. No.9 of 1981 only.

Orders

  • The information and summonses be dismissed.
  • The prosecutor pay the defendant's costs in S.A. No.9 of 1981 only.