General Motors - Holdens Ltd v Noack, P.M. [1986] FCA 129

CATCHWORDS

Practice and Procedure - Appeals - leave to appeal refused by single Judge ~- whether further application to Full Court for leave to appeal

competent - whether appeal to Full Court from refusal to grant leave

competent.

Federal Court of Australis Aet 1976: sub-sa, 24(1), 24(1A) and 45(2),

mn

Federal Court Rules: Order 52 rule 10.

Conciliation and Arbitration Act 1904: paras. 5(1)(a), 5(1)(f).

Reid v. Nairn (1985) 60 A.L.R. 419

Chamberlain v. R. (1983) 46 A.L.R. 493

GENERAL MOTORS~HOLDEN'S LIMITED v. PAUL MICHAEL NOACK

SA 10 of 1985

CORAM: SMITHERS, LOCKHART and NEAVES Jv.

MELBOURNE

7 MARCH 1986

BOTA eet

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SA 10 of 1985 ) )

INDUSTRIAL DIVISION

JUDGES MAKING ORDER:

DATE OF ORDER :

WHERE MADE:

THE COURT ORDERS THAT:

1. The application incompetent. 2. In so far as the

as if 1t were an

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : GENERAL MOTORS-HOLDEN '5S LIMITED Applicant AND: PAUL MICHAEL NOACK Respondent

MINUTE OF ORDER SMITHERS, LOCKHART and NEAVES JJ.

7 MARCH 1986

MELBOURNE

for leave to 'appeal be dismissed as

application for leave to appeal be treated

appeal from the decision of the Honourable

Mr. Justice Forster in proceedings SA No. 7 of 1985 that

appeal be dismissed as incompetent.

NOTE: Settlement and entry of orders is dealt with in Order 36 of