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

This matter concerned an application for a writ of prohibition brought by Desmond James Ryan against Major R.R.S. Tracey, a Defence Force Magistrate, and the Commonwealth of Australia. The proceedings took place in the High Court of Australia.

The central legal issue before the Court was the determination of costs following the Court's judgment, which had not been argued by the parties. The prosecutor, representing the Commonwealth, sought costs.

Chief Justice Mason, delivering the Court's reasons, indicated that while the prosecutor might appear to have been successful on the face of the Court's order, a closer reading of the judgment would reveal a less favourable outcome. His Honour suggested that the prosecutor might wish to renew their application for costs later that day, implying that the initial success was qualified. The Court ultimately made no order as to costs at that stage, pending further argument.