Court of Appeal (ACT)|2009-05-22|Before: Stone JJ

Johnston, The Superintendent of the Belconnen Remand Centre v Eastman; Johnston, the Superintendent of the Belconnen Remand Centre v The Honourable Terence John Higgins and Eastman [2009] ACTCA 8 (22 May 2009)

ANTHONY JAMES JOHNSTON, THE SUPERINTENDENT OF THE BELCONNEN REMAND CENTRE v DAVID HAROLD EASTMAN;

ANTHONY JAMES JOHNSTON, THE SUPERINTENDENT OF THE BELCONNEN REMAND CENTRE v THE HONOURABLE TERENCE JOHN HIGGINS and DAVID HAROLD EASTMAN

[2009] ACTCA 8 (22 May 2009)

SUPREME COURT - making of non-removal orders - whether there is power in Supreme Court to make orders directing a convicted prisoner to be held in Belconnen Remand Centre pending an imminent hearing of a criminal proceedings in the Court of Appeal - whether there is similar power in respect of imminent hearing of civil proceedings in Supreme Court or in the Court of Appeal - whether the making of the non-removal order was necessary for the administration of justice - whether the power to make a non-removal order can be exercised only when not to exercise it would result in the destruction of the subject matter of the proceeding - held that the Court does have power to make a non-removal order - held that the sufficiency of evidence to establish the need for the making of a non-removal order was not the subject of any ground of appeal - appeals dismissed.

ADMINISTRATIVE LAW - orders made by a single judge exercising the jurisdiction of the Court of Appeal - application to Court of Appeal to discharge those orders - basis of application for discharge is that the Court constituted by the single judge lacked power to make the non-removal orders - application for discharge of orders is in reality an appeal - held that any appeal to the Court from an order of a single judge exercising the jurisdiction of the Court of Appeal is incompetent.

Sentencing Legislation Amendment Act 2006 (ACT) ss 604, 605

Cardile v LED Builders Pty Ltd (1999) 198 CLR 380

Eastman v Minister for Corrective Services [2004] ACTSC 33; (2004) 181 FLR 447

John Fairfax and Sons Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465

Masoud v The Queen [2000] FCA 435

Mastipour v Secretary, Department of Immigration and Multicultural and Indigenous Affairs & Ors [2004] FCA 1571; (2004) 140 FCR 137

Tait v The Queen [1962] HCA 57; (1962) 108 CLR 620

The Mardina Merchant [1975] 1 WLR 147