Re Morton and ORS Exparte: Gargan B42/1997 [1997] HCATrans 368 (12 November 1997)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B42 of 1997

In the matter of -

An application for Writs of Certiorari and Mandamus against D.W. MORTON, LANCE LINDSAY KIPPIN and JOHN ERNEST GARGAN

Ex parte -

PETER ALEXANDER GARGAN

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 NOVEMBER 1997, AT 10.00 AM

Copyright in the High Court of Australia

HIS HONOUR: This matter involves a draft order nisi and affidavit in support filed in the Brisbane Registry of this Court by the prosecutor, Mr Peter Gargan. The prosecutor seeks a writ of certiorari directed to the first respondent, Mr Morton - a stipendiary magistrate of the Mareeba Magistrates' Court. The prosecutor also seeks a writ of mandamus directing the Mareeba Magistrates' Court to proceed to determine the questions of fact necessary for the committal for trial of John Gargan and Lance Kippin, the second and third respondents respectively, for offences contrary to section 13 of the Commonwealth Crimes Act.

I order that all further proceedings in the action be remitted to the Federal Court of Australia, Brisbane Registry. I publish my reasons and order.

AT 10.01 AM THE MATTER WAS CONCLUDED