Clyne, Peter Leopold v Scott, Eardley Murray (S.M.) & Anor [1983] FCA 273

Clyne, Peter Leopold v Scott, Eardley Murray (S.M.) & Anor [1983] FCA 273

The proper exercise of the Court's discretion at this stage is to adjourn the application for stay pending the outcome of an appeal in Moss v. Brown, which may resolve the key question of jurisdiction.

Parties
Applicant: Peter Leopold Clyne; First Respondent: Eardley Murray Scott (S.M.); Second Respondent: Paul James Holding
Jurisdiction
Australia
Judgment Date
05 October 1983
Procedural Posture
Application for Judicial Review / Interlocutory (adjournment of Application for Interim Stay and Review)
Outcome
Application for stay adjourned
Legal Topics
Judicial Review of Administrative Decisions, Stay of Proceedings, Consent Requirements for Criminal Prosecution
Administrative Law Criminal Law Banking and Finance Judicial Review of Administrative Decisions Stay of Proceedings Consent Requirements for Criminal Prosecution

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Parties

Peter Leopold Clyne

Applicant

Eardley Murray Scott (S.M.)

First Respondent

Paul James Holding

Second Respondent

Procedural Posture

Application for Judicial Review / Interlocutory (adjournment of Application for Interim Stay and Review)

Legal Issues

  1. 1 Whether proceedings were validly commenced without Treasurer's consent as required by s.70 of the Banking Act, 1959
  2. 2 Whether the information was properly laid by an authorised officer
  3. 3 Whether Regulation 42 of the Banking (Foreign Exchange) Regulations is invalid

Ratio Decidendi

The proper exercise of the Court's discretion at this stage is to adjourn the application for stay pending the outcome of an appeal in Moss v. Brown, which may resolve the key question of jurisdiction.

Court Disposition

Application for stay adjourned

Orders

  • That the application for review and application for interim stay of proceedings be adjourned to Monday, 17 October, 1983 at 9.30 a.m. for mention only, with a view to fixing a date for final hearing of the application for review should that be appropriate.
  • Costs reserved.