Rogers v Law Coast Mortgages Pty Ltd [2002] FCA 181

FEDERAL COURT OF AUSTRALIA

Rogers v Law Coast Mortgages Pty Ltd [2002] FCA 181 PRACTICE AND PROCEDURE – application for adjournment – applicant unrepresented – applicant reasonably believed hearing date was for directions only – whether discretion to refuse adjournment miscarried. Squire v Rogers (1979) 27 ALR 330 referred to Bloch v Bloch (1981) 37 ALR 55 referred to Sali v SPC Ltd (1993) 116 ALR 625 referred to Scott v Handley (1999) 58 ALD 373 referred to Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 referred to Neil v Nott (1994) 121 ALR 148 referred to Australian Institute of Judicial Administration, Litigants in Person Management Plans: Issues for Courts and Tribunals (2001) GREGORY ERIC ROGERS v LAW COAST MORTGAGES PTY LTD, KIM CHRISTIE, ALAN CHARLES PARRY, IAN CHARLES GRIFFITHS, CHRISTINE MATSINGER, MALCOLM DONALD McCOLM Q194 of 2001 FINN J CANBERRA (HEARD IN BRISBANE) 5 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q194 OF 2001

On appeal from the Federal Magistrates Court of Australia

BETWEEN: GREGORY ERIC ROGERS

APPELLANT

AND: LAW COAST MORTGAGES PTY LTD

FIRST RESPONDENT

KIM CHRISTIE

SECOND RESPONDENT

ALAN CHARLES PARRY

THIRD RESPONDENT

IAN CHARLES GRIFFITHS

FOURTH RESPONDENT

CHRISTINE MATSINGER

FIFTH RESPONDENT

MALCOLM DONALD McCOLM

SIXTH RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 5 MARCH 2002

WHERE MADE: CANBERRA (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. The appeal be allowed with costs. 2. The order of the Federal Magistrates Court be set aside. 3. The matter be remitted to the Magistrate to be heard and determined again. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.