Croker v Philips Electronics Australia Limited [2003] FCAFC 43

FEDERAL COURT OF AUSTRALIA

Croker v Philips Electronics Australia Limited [2003] FCAFC 43 PRACTICE AND PROCEDURE – application for leave to appeal – whether application in respect of a "judgment" – whether a direction by a Judge to the Registrar pursuant to 0 46 r 7A of the Federal Court Rules constitutes a judgment.

Federal Court Rules O 46 r 7A, O 52 r 10

Bizuneh v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 42 applied Croker v Philips Electronics Australia Limited [2002] FCA 1393 referred to Croker v Philips Electronics Australia Limited [2000] FCA 991 referred to Croker v Philips Electronics Australia Limited [2000] FCA 1516 referred to CLAYTON ROBERT CROKER v PHILIPS ELECTRONICS AUSTRALIA LIMITED AND DICK SMITH ELECTRONICS PTY LIMITED AND TELSTRA CORPORATION LIMITED N 1212 OF 2002 LEE, WHITLAM & JACOBSON JJ 13 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1212 of 2002

AN APPLICATION FOR LEAVE TO APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CLAYTON ROBERT CROKER

APPLICANT

AND: PHILIPS ELECTRONICS AUSTRALIA LIMITED

(ACN 008 445 743)

FIRST RESPONDENT

AND: DICK SMITH ELECTRONICS PTY LIMITED (ACN 000 445 956)

SECOND RESPONDENT

AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

THIRD RESPONDENT

JUDGES: LEE, WHITLAM & JACOBSON JJ

DATE OF ORDER: 13 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the third respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1212 of 2002