Federal Court of Australia
CATCHWORDS
Unidentified motor vehicle - application to extend time
for service of Notice of Claim upon Nominal Defendant - Principles upon which exercise of discretion by trial
Judge will be disturbed - Principles to be applied in determining whether applicant has established sufficient cause for grant of application - no new question of principle - Motor Traffic Ordinance 1936-1977 (A.C.T.) s.85.
WAYNE ANTHONY TURNER ve THE NOMINAL DEFENDANT
No. F.C. 8 of 1980
Coram: McGregor, Davies and Sheppard Jud.
Date: 22 May 1981.
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY No. F.C. 8 of 1980 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
IN THE MATTER of the Motor Traffic Ordinance 1936
BETWEEN 3: WAYNE ANTHONY TURNER Appellant AND : THE NOMINAL DEFENDANT Respondent ORDER
JUDGES MAKING ORDER McGregor, Davies and Sheppard JJ.
DATE OF ORDER
22 May 1981
Canberra
WHERE MADE
THE COURT ORDERS THAT:
1. The appeal be upheld.
2. The time for the appellant to give notice of intention to make a claim against the Nominal Defendant in respect of an accident which occurred on 25 September 1978 is extended to the expiration of the period 14 days herefrom.
3. The appellant is to pay the respondent's costs of and incidental to the application heard by the Judge of first
instance on 22 February 1980 in respect of which judgment was given on 7 March 1980,
4. The respondent is to pay the appellant's costs of and incidental to this appeal.
IN THE FEDERAL COURT OF AUSTRALIA } AUSTRALIAN CAPITAL TERRITORY No. F.C. 8 of 1980 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
IN THE MATTER of the Motor Traffic Ordinance 1936
BETWEEN : WAYNE ANTHONY TURNER Appellant AND : THE NOMINAL DEFENDANT Respondent CORAM : McGregor, Davies and Sheppard JJ.
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