Pacific Air Freighters (Qld) Pty Ltd v Toller [2000] FCA 343

FEDERAL COURT OF AUSTRALIA

Pacific Air Freighters (Qld) Pty Ltd v Toller [2000] FCA 343

PACIFIC AIR FREIGHTERS (QLD) PTY LTD ACN 064 184 372 v MICK TOLLER, KARL VICTOR WALLY AND CIVIL AVIATION SAFETY AUTHORITY Q 8 of 2000 DRUMMOND J 20 MARCH 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 8 OF 2000

BETWEEN: PACIFIC AIR FREIGHTERS (QLD) PTY LTD

ACN 064 184 372

APPLICANT

AND: MICK TOLLER

FIRST RESPONDENT

KARL VICTOR WALLY

SECOND RESPONDENT

CIVIL AVIATION SAFETY AUTHORITY

THIRD RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 20 MARCH 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The notice of motion be dismissed.

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 Q 8 OF 2000

BETWEEN: PACIFIC AIR FREIGHTERS (QLD) PTY LTD

ACN 064 184 372

APPLICANT

AND: MICK TOLLER

FIRST RESPONDENT

KARL VICTOR WALLY

SECOND RESPONDENT

CIVIL AVIATION SAFETY AUTHORITY

THIRD RESPONDENT

JUDGE: DRUMMOND J

DATE: 20 MARCH 2000

PLACE: BRISBANE

REASONS FOR JUDGMENT

1 I have before me a motion seeking an order under O 9 r 3 the Federal Court Rules that the applicant company be granted leave to be represented without a solicitor on the record and a further order that it be granted leave in effect to be represented by the gentleman described as its in-house counsel, Dr Broadbent. The application refers to O 9 r 3, which relates to circumstances in which a corporation may defend by leave otherwise than by a solicitor. The rule that the applicant needs to invoke, however, is O 4 r 14(2), which provides that:

"Except as provided by or under any Act, a corporation may not, without the leave of the Court, commence or carry on any proceeding otherwise than by a solicitor."