Baker, S.J. v. Campbell, R. & Anor [1982] FCA 233

Baker, S.J. v. Campbell, R. & Anor [1982] FCA 233

None of the acts or decisions—whether seeking the warrant, laying information, issuing the warrant, deciding to execute the warrant, or attempting to execute the warrant—constitute 'decisions of an administrative character made under an enactment' within the meaning of the Administrative Decisions (Judicial Review) Act 1977. Therefore, the Federal Court had no jurisdiction to grant relief sought under the Act. There is also no associated, implied, or incidental jurisdiction to grant relief in relation to the applicant's alternative claims.

Parties
Applicant: Steven John Baker; Firstnamed Respondent: Ray Campbell; Secondnamed Respondent: Terrence Roy McGuigan
Jurisdiction
Australia
Judgment Date
22 October 1982
Procedural Posture
Application for Order of Review Under the Administrative Decisions (judicial Review) Act 1977 / Federal Court Reasons for Judgment
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
Search Warrants, Decisions Under an Enactment, Jurisdiction Under Administrative Decisions (judicial Review) Act 1977, Judicial Vs Administrative Act
Administrative Law Search Warrants Decisions Under an Enactment Jurisdiction Under Administrative Decisions (judicial Review) Act 1977 Judicial Vs Administrative Act

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Parties

Steven John Baker

Applicant

Ray Campbell

Firstnamed Respondent

Terrence Roy McGuigan

Secondnamed Respondent

Procedural Posture

Application for Order of Review Under the Administrative Decisions (judicial Review) Act 1977 / Federal Court Reasons for Judgment

Legal Issues

  1. 1 Whether the mental process of deciding to seek a warrant is a 'decision' under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether laying information before a Justice of the Peace is a decision made 'under an enactment'
  3. 3 Whether the decision to issue a warrant is of an 'administrative character'

Ratio Decidendi

None of the acts or decisions—whether seeking the warrant, laying information, issuing the warrant, deciding to execute the warrant, or attempting to execute the warrant—constitute 'decisions of an administrative character made under an enactment' within the meaning of the Administrative Decisions (Judicial Review) Act 1977. Therefore, the Federal Court had no jurisdiction to grant relief sought under the Act. There is also no associated, implied, or incidental jurisdiction to grant relief in relation to the applicant's alternative claims.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • Application dismissed.
  • No order as to costs determined at this stage.