Noakes, Raymond Brian v. J. Harvy Holmes & Son & Ors [1978] FCA 10

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Fad IN THE FPOPTAL COu?T Cr AUSTRALIA ) 7 ) . VICTORIAN. ..... DISTRICE REGISTRY ) No. VG ....3. of 197% ) . GENERAL ....... 6. DIVISION )

Berwern : ..RAYMQND, BRIAN. NOAKES...... eoeeee NESPONdent-appellant..

AND » , JeHARVY. HOLMES, & SON, & ORS.

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ORDER JUDGE(S) MAKING ORDER : Franki, J. . DATE OF ORDER : 20 February 1978 WHERE MADE : SYDNEY .

r ) THE COURT ORDERS THAT:

1 Declare no valid appeal has been lodged and no appeal has been

* instituted by virtue of the filing of the notice of appeal supported by an affidavit numbered VG3 of 1978 and filed in the Victorian

r ) Registry of the Court on 23 January 1978.

>. The costs of the applicant of this application be paid by' the appellant.

Date Entered:

DISTRICT STATSTRAR,

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IN THE FEDFRAL COURT OF AUSTRALTA VICTORIAN - DISTRICT REGISTRY No. V.G. 3 of 1978

GENERAL DIVISION BETWEDN RAYMOND BRIAN NOAKES Respondent-—appellant And J. HARVY HOLMES & SON & ORS.

Applicant-respondent

REASONS FOR JUDGMENT: FRANKI J. DELIVERED: 20 February 1978

On 23 December 1977 his Honour, Mr. Justice Joske,

a Judge of the Supreme Court of Norfolk Island delivered the judgment in the relevant matter. Mr, Noakes, the appellant, purported to appeal to this court by a notice of appeal filed on 24 January 1978. The notice of appeal had not been served on J. Harvy Holmes & Son by 14 February 1978. J. Harvy Hemes & Son, whom I will call the applicant, filed a notice of motion in this court on 14 February 1978 and now seeks that the

appeal be struck out as incompetent or that all times be shortened to allow the matter to be heard at short notice, or that the appeal shall not operate as a stay of proceedings appealed from unless certain security is given for the costs of the appeal and the payment of a judgment debt, together with interest and costs.