Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilson v Alexander [2003] FCAFC 272
PRACTICE – appeal – extension of time to file application for leave to appeal and notice of appeal refused – no prospects of success.
FEDERAL JURISDICTION – s 79 of the Judiciary Act 1903 (Cth picks up s 57 of the Legal Aid Commission Act 1979 (NSW) – operation of s 79 of the Judiciary Act. Federal Court of Australia Act 1976 (Cth) s 50 Judiciary Act 1903 (Cth) s 79 Legal Aid Commission Act 1979 (NSW) s 57 ASIC v Edensor Nominees Pty Ltd (2001) 240 CLR 559 applied Austral Pacific Group Ltd (in liq) v Airservices Australia (2000) 203 CLR 135 applied Bass v Permanent Trustee Group (1999) 198 CLR 34 applied Bourke v Beneficial Finance Corporation Ltd (1993) 47 FCR 264 referred to British American Tobacco v Western Australia (2003) 200 ALR 403 applied Cameron v Rural Press Ltd (1992) 35 FCR 211 referred to Commissioner of Stamp Duties v Owens (No 2) (1953) 88 CLR 168 applied Hughes v National Trustee and Executors [1978] VR 257 referred to Pederson v Young (1964) 110 CLR 162 applied Solomons v District Court (2002) 211 CLR 119 applied Woodlands v Permanent Trustee Company Ltd (1996) 68 FCR 213 disapproved and not followed in part PAUL WILSON v CHARLES ALEXANDER & ORS (IN PARTNERSHIP AS MINTER ELLISON ) N 654 of 2003 RYAN, HEEREY & ALLSOP J 26 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 654 of 2003
ONAPPEALFROMASINGLEJUDGEOFTHEFEDERALCOURTOF AUSTRALIA
BETWEEN: PAUL WILSON
APPLICANT
AND: CHARLES ALEXANDER & ORS
(IN PARTNERSHIP AS MINTER ELLISON)
RESPONDENT
JUDGES: RYAN, HEEREY & ALLSOP JJ
DATE OF ORDER: 26 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applications to extend time for the filing of an application for leave to appeal in respect of orders of the primary judge on 11 March 2003 and of a notice of appeal in respect of orders of the primary judge on 12 March 2003 be dismissed. 2. The applicant pay the costs of the respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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