Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - self-executing order by consent for security for costs of appeal - order not complied with and appeal thereby dismissed - whether consent order based on binding contract - whether time can be extended in spite of such a contract -~— whether time can be extended after appeal
dismissed - effect of relevant rules of court.
Patents Act 1952 s.170 Federal Court of Australia Act 1976 ss.56 & 59
Federal Court Rules 0.28, 0.35 r 7, 0.52 rr 20 & 38
Siebe Gorman & Co Ltd v Pneupac Ltd [1982] 1 All ER 377
FAI General Insurance Co Ltd v Southern Cross Exploration NL (High Court, unreported, 25 March 1988)
R.D. WERNER & CO JNG v BAILEY ALUMINIUM PRODUCTS PTY LTD
No. VG 494 of 1987
Woodward, Jenkinson & Foster JJ 2 May 1988 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No. VG 494 of 1987
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
THE COURT
1.
R.D. WERNER & CO INC Appellant and BAILEY ALUMINIUM PRODUCTS PTY LTD Respondent
MINUTES OF ORDER
COURT: Woodward, Jenkinson & Foster JJ
DATE: 2 May 1988
PLACE: Melbourne
ORDERS THAT:
The appeal be allowed.
The order made the 4th day of November 1987 in the appeal numbered VG 147 of 1987 be set aside and in lieu thereof it be ordered that the time which is limited by paragraph 1 of the order made the 24th day of July 1987 and which is specified in paragraph 2 of the said order be extended until the
20th day of May 1988 and that the said appeal
(NOTE:
numbered VG 147 of 1987 stand aS a pending appeal accordingly and that the appellant's costs of the motion in the said appeal numbered VG 147 of 1987 of which notice was dated the 2ist day of September
1987 be paid by the respondent.
The appellant's costs of this appeal be paid by the
respondent.
The money paid into Court in compliance with paragraph 3 of the order made the 22nd day of December 1987 be paid out to the appellant's
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