Federal Court of Australia
Meee e
CATCHWORDS
Practice and Procedure - Application for leave to appeal -
whether application for leave to appeal from interlocutory judgment of a single Judge may be made only once or successively - whether application for leave to appeal to the Full Court from the refusal of a single judge to grant leave to
appeal from an interlocutory judgment is competent.
Federal Court Act 1976 (C'th) ss.24(1A), 25(2).
Federal Court Rules Order 52.
Reid V Nairn (1985) 60 ALR 419.
THOMAS BORTHWICK & SONS (PACIFIC HOLDINGS) LIMITED & ORS v. TRADE PRACTICES COMMISSION.
N.S.W. G92 of 1988.
BOWEN C.J., LOCKHART and SHEPPARD JJ. Sydney 15 April 1988
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.92 of 1988
GENERAL DIVISION )
Application for leave to appeal from a single judge of the Federal Court.
BETWEEN: THOMAS BORTHWICK & SONS {PACIFIC HOLDINGS) LIMITED
Pirst Applicant BORTHWICKS PLC Second Applicant
THOMAS BORTHWICK & SONS (U.K.) LIMITED
Third Applicant
TRADE PRACTICES COMMISSION
ig
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER
Bowen C.d., Lockhart and Sheppard JJ.
DATE OF ORDER 21 March 1988.
Sydney.
WHERE MADE
THE COURT ORDERS THAT:
The Notice of Motion of 15 March 1988 applying for leave to appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G92 of 1988
) GENERAL DIVISION )
BETWEEN: THOMAS BORTHWICK & SONS (PACIFIC HOLDINGS) LIMITED
First Applicant BORTHWICK PLC Second Applicant
THOMAS BORTHWICK & SONS (U.K.} LIMITED
Third Applicant
AND: TRADE PRACTICES COMMISSION Respondent COURT: BOWEN C.J., LOCKHART AND SHEPPARD JJ. DATE: 15 APRIL 1988
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT
The question in this case 1s whether an application for leave to appeal from an interlocutory judgment of a single Judge of the Pederal Court may be made once only or successively, and whether such
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