Moss, T.E. v. Brown, B.R. & Anor [1983] FCA 40

Moss, T.E. v. Brown, B.R. & Anor [1983] FCA 40

The decision of a committing magistrate that a prima facie case exists is a decision of an administrative character within the meaning of the Administrative Decisions (Judicial Review) Act 1977. For offences against Commonwealth law, the magistrate's authority derives from the Judiciary Act 1903, so decisions made in that context are made under an enactment of the Commonwealth. The court is competent to hear the review application.

Parties
Applicant: Thomas Ervin Moss; First Respondent: Bruce Raymond Brown; Second Respondent: Peter Lamb
Jurisdiction
Australia
Judgment Date
17 March 1983
Procedural Posture
Judicial Review / Interlocutory Motion Regarding Competency of the Court
Outcome
Objection to competency of the court dismissed
Legal Topics
Judicial Review, Committal Proceedings, Administrative Character of Decisions, Jurisdiction of Federal Courts
Administrative Law Criminal Law Judicial Review Committal Proceedings Administrative Character of Decisions Jurisdiction of Federal Courts

Case Brief

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Parties

Thomas Ervin Moss

Applicant

Bruce Raymond Brown

First Respondent

Peter Lamb

Second Respondent

Procedural Posture

Judicial Review / Interlocutory Motion Regarding Competency of the Court

Legal Issues

  1. 1 Whether the decision of a committing magistrate that a prima facie case exists under the Crimes Act (Commonwealth) is reviewable under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the decision is of an administrative character
  3. 3 Whether the decision was made under an enactment of the Commonwealth

Ratio Decidendi

The decision of a committing magistrate that a prima facie case exists is a decision of an administrative character within the meaning of the Administrative Decisions (Judicial Review) Act 1977. For offences against Commonwealth law, the magistrate's authority derives from the Judiciary Act 1903, so decisions made in that context are made under an enactment of the Commonwealth. The court is competent to hear the review application.

Court Disposition

Objection to competency of the court dismissed

Orders

  • The motion objecting to the competency of this court is dismissed.
  • The second respondent is to pay the applicant's costs of the motion.