Gough v Myall Pty [2001] FCA 1692

FEDERAL COURT OF AUSTRALIA

Gough v Myall Pty [2001] FCA 1692

PRACTICE AND PROCEDURE – application for leave to appeal out of time from judgment of Federal Magistrates Court – whether special reason – applicant unfamiliar with court procedures – appeal weak on facts – no question of law raised

Federal Court Rules O 52 r 15 Howard v Australian Electoral Commission [2000] FCA 1767 followed Jess v Scott (1986) 12 FCR 187 followed TONY GOUGH v MYALL PTY V 885 of 2001 GRAY J 27 NOVEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 885 of 2001

BETWEEN: TONY GOUGH

APPLICANT

AND: MYALL PTY

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 27 NOVEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to file a notice of appeal out of time be dismissed. 2. The appellant pay the respondent's costs of the appeal, including the costs of the application for enlargement of time. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 885 of 2001

BETWEEN: TONY GOUGH

APPLICANT

AND: MYALL PTY

RESPONDENT

JUDGE: GRAY J

DATE: 27 NOVEMBER 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

The nature of the application 1 Mr Tony Gough ("the appellant") seeks to appeal from a judgment of a Federal Magistrate delivered on 2 July 2001. The Federal Magistrate dismissed an application by the appellant to set aside a bankruptcy notice. On 24 August 2001, the appellant filed three documents in the Court. One is described as an application for extension of time to file and serve a notice of appeal; the second is a handwritten notice of appeal and the third is a handwritten affidavit.