Fitzgerald v MacDonald - [1918] NZLR 769

Defence Acts — Court-martial — Constitution — Irregularity — One Member an Officer on Retired List — Whether qualified — Effect of Disqualification of one Member on Sentence of Qualified Quorum — Whether Detention under Original Lawful Arrest continued after Sentence — Civil Liability of Military Officers for Acts done in their Military Capacity — De facto Judge acting bona tide — Whether his Acts impeachable — Limitation of Action — From what Date Time runs — Defence Act, 1909, s 94 — Defence Amendment Act, 1912, ss 12, 13, 14, 15, 16, 17 — Army Act (44 & 45 Vict, c 58), ss 21, 48 — Regulations under Defene Acts, 22nd December, 1913, Regs 126, 127.