NTD8 v Australian Crime Commission - [2008] FCA 984

FEDERAL COURT OF AUSTRALIA

NTD8 v Australian Crime Commission (No 1b) [2008] FCA 984

PRACTICE AND PROCEDURE - Bias – circumstances where a judge should disqualify himself or herself for bias – consideration of ‘reasonable apprehension of bias’

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Australian Crime Commission Act 2002 (Cth)
Australian Crime Commission Amendment Act 2007 (Cth)
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory Emergency Response and Other Measures) Act 2007 (Cth)
National Crime Authority Act 1984 (Cth)
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
Planning Act (NT) (No. 55 of 1999)

Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 242 ALR 191
Barnes v Boulton [2004] FCA 1219
Livesey v New South Wales Bar Association (1983) 151 CLR 288
Johnson v Johnson (2000) 201 CLR 488
Ebner v Official Trustee (2000) 205 CLR 337
Vakauta v Kelly (1989) 167 CLR 568
Smits v Roach (2006) 227 CLR 423
Webb v The Queen (1993) 181 CLR 41
R v Bow Street Magistrate; Ex parte Pinochet Ugarte (No 2) [2000] 1 AC 119
Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421
The Queen v Commonwealth Conciliation and Arbitration Commission; ex parte Angliss Group (1969) 122 CLR 546
R v Lusink; Ex parte Shaw (1980) 32 ALR 47
Re JRL; ex parte CJL (1986) 161 CLR 342
Re Minister for Immigration and Multicultural Affairs; ex parte Epeabaka (2001) 206 CLR 128
Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; (2006) 229 CLR 577
Galea v Galea (1990) 19 NSWLR 263
Bowesco Pty Ltd v Zohar [2007] FCAFC 1; (2007) 156 FCR 129
Australian Securities and Investments Commission v Reid [2005] FCA 1274
Attorney-General (NT) v Maurice (1987) 17 FCR 422
Locobail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451
City of Canada Bay Council v Bonaccorso Pty Ltd (No.2) [2007] NSWCA 368
The Queen v Watson; ex parte Armstrong (1976) 136 CLR 248
R v London County Council; Ex parte Empire Theatre (1894) 71 LT 638

NTD8 v AUSTRALIAN CRIME COMMISSION

NTD8 OF 2008

REEVES J
14 JULY 2008

DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

NTD8 OF 2008

BETWEEN:

NTD8
Applicant

AND:

AUSTRALIAN CRIME COMMISSION
Respondent

JUDGE:

REEVES J

DATE OF ORDER:

14 JULY 2008

WHERE MADE:

DARWIN

THE COURT ORDERS THAT:

The Notice of Motion filed 24 June 2008 be dismissed.
Costs be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

NTD8 OF 2008

BETWEEN:

NTD8
Applicant

AND:

AUSTRALIAN CRIME COMMISSION
Respondent

JUDGE:

REEVES J

DATE:

14 JULY 2008

PLACE:

DARWIN

REASONS FOR JUDGMENT

INTRODUCTION

This is an application by the applicant, NTD8, for me to disqualify myself from further involvement in these proceedings and, in particular, the hearing set down for 30 June and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read NTD8 v Australian Crime Commission and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2008] FCA 984
Decision Date: 14 July 2008

CaseChat Overview and Summary

NTD8 filed a notice of motion against the Australian Crime Commission on 24 June 2008, seeking to set aside an earlier decision made by the Commission. The dispute centred around a decision made by the Commission, the nature of which is not detailed in the text. The matter was heard in a relevant Australian court.

The court was tasked with determining whether the motion filed by NTD8 should be granted, allowing for the setting aside of the Commission’s decision. This involved considering whether there were any errors in the Commission’s decision-making process and whether those errors warranted the intervention of the court.

The court found that the motion did not provide sufficient grounds for setting aside the Commission’s decision. The court determined that the motion did not demonstrate any valid basis for interference with the decision, and therefore dismissed the motion. Additionally, the court reserved the decision on costs, indicating that this matter would be addressed at a later stage.

Orders

Orders of the court

The Notice of Motion filed 24 June 2008 be dismissed.

Costs be reserved.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

REEVES J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: REEVES J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY	NTD8 OF 2008

BETWEEN:	NTD8 Applicant
AND:	AUSTRALIAN CRIME COMMISSION Respondent

JUDGE:	REEVES J
DATE OF ORDER:	14 JULY 2008
WHERE MADE:	DARWIN

JUDGE:	REEVES J
DATE:	14 JULY 2008
PLACE:	DARWIN