Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Richmond v BMW Australia Finance Limited (No 2) [2009] FCAFC 25
PRACTICE AND PROCEDURE – Federal Magistrates Court – whether federal magistrate is obliged to deliver reasons contemporaneously with making of orders – obligation to publish reasons Federal Magistrates Act 1999 (Cth), ss 3, 13, 74 and 75 B v M (2008) 217 FLR 182 not followed Burrell v The Queen (2008) 248 ALR 428 cited Fletcher Construction Australia Ltd v Lines MacFarlane & Marshall Pty Ltd (2001) 4 VR 28 referred to Melville v Phillips (1899) 9 QLJ 114 cited Palmer v Clarke (1989) 19 NSWLR 158 referred to Stratford v Ministry of Transport [1992] 1 NZLR 486 referred to ROSS RICHMOND v BMW AUSTRALIA FINANCE LIMITED
NSD 1613 of 2008
BLACK CJ, JACOBSON AND RARES JJ
19 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1613 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ROSS RICHMOND
Appellant
AND: BMW AUSTRALIA FINANCE LIMITED
Respondent
JUDGES: BLACK CJ, JACOBSON AND RARES JJ
DATE OF ORDER: 19 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The stay of proceedings granted by the Honourable Justice Rares on 16 October 2008 be removed. 3. The appellant pay the respondent's costs of the appeal. 4. The respondent's costs be taxed and paid from the estate of the appellant in accordance with s 109 of the Bankruptcy Act 1966 (Cth).
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1613 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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