Tang v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1042

Tang v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1042

No cause of action, either statutory or common law, arises from alleged contraventions of the Crimes Act 1914 or the Criminal Code 1995; neither statute creates a private right of civil compensation for persons injured by contravention, and the alleged conduct does not amount to an actionable civil wrong; leave to appeal is refused as no prospects are demonstrated.

Jurisdiction
Australia
Judgment Date
13 August 2004
Procedural Posture
Application for Leave to Appeal / Final Determination of Leave Application
Outcome
application dismissed
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'criminal Compensation' 'statutory Construction']
['practice and Procedure' 'criminal Law'] ['leave to Appeal' 'interlocutory Orders' 'criminal Compensation' 'statutory Construction']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Final Determination of Leave Application

Legal Issues

  1. 1 ['Whether the applicant can establish a civil cause of action for criminal compensation based on alleged offences under the Crimes Act 1914 and Criminal Code 1995' 'Whether leave to appeal interlocutory orders of summary dismissal should be granted' 'Whether the Criminal Code 1995 or Crimes Act 1914 gives rise to a private right to civil compensation']

Ratio Decidendi

No cause of action, either statutory or common law, arises from alleged contraventions of the Crimes Act 1914 or the Criminal Code 1995; neither statute creates a private right of civil compensation for persons injured by contravention, and the alleged conduct does not amount to an actionable civil wrong; leave to appeal is refused as no prospects are demonstrated.

Court Disposition

application dismissed

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant is to pay the respondents' costs of and incidental to the application, to be taxed if not agreed."]