Savage v Cranstoun (Trustee) [2001] FCA 1522

FEDERAL COURT OF AUSTRALIA

Savage v Cranstoun (Trustee) [2001] FCA 1522 GORDON ALFRED SAVAGE v DAVID JOHN CRANSTOUN AS TRUSTEE FOR THE ESTATE OF D.J. SAVAGE No Q 204 of 2001 SPENDER J BRISBANE 19 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 204 OF 2001

BETWEEN: GORDON ALFRED SAVAGE

APPLICANT

AND: DAVID JOHN CRANSTOUN AS TRUSTEE FOR THE ESTATE OF D.J. SAVAGE

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 19 OCTOBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. A copy of the reasons for judgment of Spender J of 19 October 2001 be forwarded by post by the Registrar to Mr Savage. With those reasons are to go a copy of the reasons of the Federal Magistrate which were delivered on 12 October 2001 and a copy of the respondent's submissions dated 18 October 2001 by Mr Paul Hudson, solicitor for the Trustee. 2. Mr Savage file with the Court and serve by post on the Trustee by delivery to Paul Hudson, solicitor, 40 Ralston Street, Wilston, 4051 a copy of the proposed notice of appeal specifying the grounds on which Mr Savage wishes to argue that the Federal Magistrate was wrong in law or in fact in making the orders that were pronounced on 29 August 2001. That proposed notice of appeal should be filed and served (in the manner that I have indicated by 4 pm on Monday, 12 November 2001. In addition, Mr Savage should file and serve (in the matter that I have earlier indicated) an affidavit setting out what Mr Savage says are the special reasons why the Court should give leave to file and serve the notice of appeal. 3. The costs of today be reserved. 4. The application be listed for Tuesday 11 December 2001 at 10.15 am.

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