Gargan v Magistrate Dillon & Anor [2005] NSWSC 1106

Gargan v Magistrate Dillon & Anor [2005] NSWSC 1106

The relevant statutory provisions explicitly confer jurisdiction upon State magistrates for offences under s.54(1) of the Bankruptcy Act punishable by fine only, and do not require jury trial under s.80 of the Constitution; the plaintiff's arguments regarding international covenants, biblical authority, or the Coronation Oath are unsupported, and the Supreme Court cannot review Federal Court orders.

Parties
Plaintiff: Peter Alexander Gargan; First Defendant: Magistrate Hugh Dillon; Second Defendant: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
04 November 2005
Procedural Posture
Civil / Application for Summary Dismissal and Jury Trial Order
Outcome
Summary dismissal of all claims in the statement of claim; plaintiff's notice of motion dismissed; costs reserved.
Legal Topics
Jurisdiction of Magistrates, Trial by Jury, Status of International Covenant on Civil and Political Rights
Constitutional Law Bankruptcy Jurisdiction of Magistrates Trial by Jury Status of International Covenant on Civil and Political Rights

Case Brief

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Parties

Peter Alexander Gargan

Plaintiff

Magistrate Hugh Dillon

First Defendant

Official Trustee in Bankruptcy

Second Defendant

Procedural Posture

Civil / Application for Summary Dismissal and Jury Trial Order

Legal Issues

  1. 1 Whether s.80 of the Constitution precludes summary determination of a charge under Bankruptcy Act by State Magistrate sitting alone
  2. 2 Whether Statute of Monopolies (21 James 1 c.3) precludes a single magistrate from hearing bankruptcy charges
  3. 3 Whether trial of offences under Bankruptcy Act is cognisable only by the Federal Court

Ratio Decidendi

The relevant statutory provisions explicitly confer jurisdiction upon State magistrates for offences under s.54(1) of the Bankruptcy Act punishable by fine only, and do not require jury trial under s.80 of the Constitution; the plaintiff's arguments regarding international covenants, biblical authority, or the Coronation Oath are unsupported, and the Supreme Court cannot review Federal Court orders.

Court Disposition

Summary dismissal of all claims in the statement of claim; plaintiff's notice of motion dismissed; costs reserved.

Orders

  • Order pursuant to rule 13.4 of the Uniform Civil Procedure Rules that the proceedings be dismissed generally as against both defendants named in the statement of claim.
  • Order that the plaintiff's notice of motion filed on 19 October 2005 be dismissed.