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Stuart v The Chief of the General Staff

Stuart v The Chief of the General Staff

Case [1994] ADFDAT 2

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AGLC: Stuart v The Chief of the General Staff [1994] ADFDAT 2
Case: [1994] ADFDAT 2
Decision Date: WEDNESDAY 27 JULY 1994

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Stuart v The Chief of the General Staff [1994] ADFDAT 2

Most Recent Citation

Burns v Chief of the Defence Force [2024] FCA 781

Cases Citing This Decision

Burns v Chief of the Defence Force [2024] FCA 781
Citation 1 (Para 17)

…of the Appeals Act would have been to make no order as to costs: Private R Army v Chief of Army [2022] ADFDAT 1; Stuart v Chief of the General Staff [1994] ADFDAT 2; Barry v Chief of Naval Staff [1994] ADFDAT 3. The position would be different on such an appeal, were, for example, it frivolous or vexatious. Why t…

Cases Cited

Statutory Material Cited

R v J [2024] NZHC 2257
Citation 1

…R. v J. (1983) 49 ALR 376 at 379 per Gallop J; Latoudis v Casey (1990) 170…
Latoudis v Casey [1990] HCA 59
Citation 2

…the decision in the A ~ ~ e a l of Bridaes, apply the same reasoning and refuse the application. They distinguished the decision of Latoudis v Casev (1990) 170 CLR 534, which, they contended, had no application to the costs of an appeal. Counsel for the appellant relied on the reasoning in Latoudis to support the ap…
R v Goia [1988] HCA 20
Citation 3

…(1988) 81 ALR 656 per Foster and Pincus JJ) at 657-660).…
He Kaw Teh v The Queen [1985] HCA 43
Citation 4

…submission, the magistrate held that the offence created by s.44 of the Act falls into the second of the categories set out in the case of He Kaw Teh (1985) 157 CLR 523. The relevant ruling is set out a t p.5 of the Tribunal's reasons for judgment. As appears from those reasons for judgment, that ruling was wrong and…
Affleck v The King [1906] HCA 2
Citation 5

…Affleck v R. (1906) 3 CLR 608 at p.630), but that, costs being the creature of…
Cilli v Abbott [1981] FCA 70
Citation 6

…sense that they are awarded to indemnify the successful party against the expense to which he or she has been put by reason of the legal proceedings: Cilli v Abbott (1981) 53 FLR at plll. Most of the arguments which seek to counter an award of costs against an informant fail to recognize this principle and treat an orde…
Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) [1979] FCA 143
Citation 7

…must be exercised judicially and within generally accepted principles (~rade-practices Commission v Nicholas EnterDriSeS Ptv Ltd and Ors (1979-1980) 28 ALR 201; Thom~son v Mastertouch TV Services Ptv Ltd (1977) 15 There is nothing in the provisions of s37 which replaces generally accepted principles in crimi…
Thompson v Mastertouch TV Service Pty Ltd (No 3) [1978] FCA 44
Citation 8

…ed principles (Trade Practices Commission v. Nicholas Enterprises Pty Ltd and Ors (1979-1980) 28 ALR 201; Thompson v. Mastertouch TV Services Pty Ltd (1977) 15 ALR 487). There is nothing in the provisions of s.37 which replaces generally accepted principles in criminal matters. One of those generally accepted princi…

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