Benz v P D Mortgage Services Pty Ltd [1999] FCA 153

FEDERAL COURT OF AUSTRALIA

Benz v P D Mortgage Services Pty Ltd [1999] FCA 153 ELIZABETH MINA BENZ V P D MORTGAGE SERVICES PTY LTD QG 154 OF 1998 SPENDER, KIEFEL & DOWSETT JJ 19 FEBRUARY 1999

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 154 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ELIZABETH MINA BENZ

Appellant

AND: P D MORTGAGE SERVICES PTY LTD

Respondent

JUDGES: SPENDER, KIEFEL & DOWSETT JJ

DATE OF ORDER: 19 FEBRUARY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for extension of time within which to seek leave to appeal is refused. 2. The notice of motion filed 20 November 1998 is dismissed with costs, including reserved costs, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 154 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ELIZABETH MINA BENZ

Appellant

AND: P D MORTGAGE SERVICES PTY LTD

Respondent

JUDGES: SPENDER, KIEFEL & DOWSETT JJ

DATE: 19 FEBRUARY 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT THE COURT: 1 Before the proceedings were called on, the Court has had the opportunity of looking in great detail at the material contained in the five appeal books, and in particular at the material on which Elizabeth Mina Benz relies in her attempts to challenge the orders made by Drummond J on 23 April 1997, and on 12 October 1998. Mrs Benz, in the original proceedings, has filed a notice of motion which appears at pp 397 and 398 of the appeal papers. 2 She seeks orders for: "1. An extension of time within which to file and serve a notice of appeal from the Order of His Honour Drummond J of 23 April 1997;