Claffey, D.R. v. Davy, R.D. [1988] FCA 148
The prosecution failed because the notice did not give the statutorily required minimum of 14 clear days from receipt for document production, rendering it invalid and fatal to the prosecution; the defect could not be cured and complied with neither the letter nor the intent of s.125(7).
- Parties
- Prosecutor: Daryl Roy Claffey; Defendant: Ronald Dean Davy
- Jurisdiction
- Australia
- Judgment Date
- 04 March 1988
- Procedural Posture
- Criminal Prosecution (summary Proceeding) / Trial Judgment
- Outcome
- Prosecution dismissed
- Legal Topics
- Statutory Notice Requirements, Calculation of Notice Periods, Industrial Inspection Powers, Costs in Proceedings Under the Conciliation and Arbitration Act
Case Brief
Summary, issues, holding and outcome
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Parties
Daryl Roy Claffey
Prosecutor
Ronald Dean Davy
Defendant
Procedural Posture
Criminal Prosecution (summary Proceeding) / Trial Judgment
Legal Issues
- 1 Whether the notice under s.125(7) of the Conciliation and Arbitration Act 1904 gave at least 14 clear days for production of documents
- 2 Whether the notice was impermissibly wide in its terms and failed to comply with statutory requirements
Ratio Decidendi
The prosecution failed because the notice did not give the statutorily required minimum of 14 clear days from receipt for document production, rendering it invalid and fatal to the prosecution; the defect could not be cured and complied with neither the letter nor the intent of s.125(7).
Court Disposition
Prosecution dismissed
Orders
- Information dismissed
- No order as to costs
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