Piepkorn v Caroma Industries Ltd [2002] FCAFC 37; [2002] FCA 182

Piepkorn v Caroma Industries Ltd [2002] FCAFC 37 Piepkorn v Caroma Industries Ltd [2002] FCA 182

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Piepkorn v Caroma Industries Ltd [2002] FCA 182 PRACTICE AND PROCEDURE – application for leave to appeal from direction of judge to registrar to refuse to issue application – application no prospects of success – application frivolous and vexatious – interlocutory direction – whether leave to appeal should be granted – whether direction of judge attended by sufficient doubt – whether substantial injustice if leave refused – notice of appeal and application for leave to appeal disclosed no proper grounds of appeal – claim against respondent determined by previous judgment. Federal Court of Australia Act 1976(Cth): ss 24(1)(a), 24(1A) Federal Court Rules: O 46 r 7A

National Mutual Life Association of Australasia Ltd v Grosvenor Hill (Qld) Pty Ltd (2001) 183 ALR 700 referred to Carr v Finance Corp of Australia Ltd (No 1) (1981) 147 CLR 246 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Jarrett v Seymour (1993) 46 FCR 557 applied HENRIETTE PIEPKORN v CAROMA INDUSTRIES LTD S 145 of 2001 NORTH, GOLDBERG & HELY JJ 1 MARCH 2002 ADELAIDE