In the matter of an Application for a Writ of Prohibition against Major R.R.S Tracey a Defence Force Magistrate; Ex parte Desmond James Ryan

[1989] HCATrans 12

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M56 of 1988

In the matter of -

An application for a writ

of prohibition against

THE COMMONWEALTH OF AUSTRALIA

and MAJOR R.R.S. TRACEY (a

Defence Force Magistrate)

Respondents

Ex parte -

DESMOND JAMES RYAN

Prosecutor

MASON CJ
BRENNAN J
DEANE J
TOOHEY J

GAUDRON J

Ryan

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 10 FEBRUARY 1989, AT 10.15 AM

(Continued from 16/11/88)

Copyright in the High Court of Australia

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MR R.H. MUECKE:  I appear on behalf of the prosecutor in this

matter. (instructed by the Australian Government

Solicitor)

(Reasons for judgment were delivered)

MR MUECKE:  I note that the Court has made no order as

to costs.	On my instructions the matter of
costs has not be argued.	If the Court is not

prepared to award the Commonwealth costs perhaps

the Court would allow 21 days?

MASON CJ:  Well, there would be no point in that because

the Court as constituted will remain constituted

that way only effectively this sitting day.

MR MUECKE:  All I can do is repeat my application,

Your Honour. There will still be six judges

that heard the matter, still can form a majority

of the members of the Court that heard the matter.

The matter of costs has not been argued.

MASON CJ:  Yes. What I suggest you do is .read the judgment.

Whilst on the face of the Court's order you appear

to have won the battle, I think you will find

on reading the judgment you have limped away from

the battle.and if you want to renew your application,

well, you might do so at, say, 2.15 today.

MR MUECKE:  Thank you.

AT 10. 19 AM THE MATTER WAS ADJOURNED SINE DIE

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Ryan