Shephard v Chiquita Brands (South Pacific) Ltd [2003] FCA 464

FEDERAL COURT OF AUSTRALIA

Shephard v Chiquita Brands (South Pacific) Ltd [2003] FCA 464 DEREK GEORGE SHEPHARD V CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED N698 of 2002

MADGWICK J 4 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N698 of 2002

BETWEEN: DEREK GEORGE SHEPHARD

APPLICANT

AND: CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 4 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is upheld and the order of the learned Federal Magistrate set aside. 2. The costs of the proceedings before Raphael FM be paid by the respondent and in default of agreement, costs are to be taxed by the Registrar of the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N698 of 2002

BETWEEN: DEREK GEORGE SHEPHARD

APPLICANT

AND: CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED

RESPONDENT

JUDGE: MADGWICK J

DATE: 4 FEBRUARY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 As to the appeal on costs, the appeal is upheld and the order of the learned Federal Magistrate set aside. I order that the costs of the proceedings before Raphael FM be paid by the respondent and in default of agreement, costs are to be taxed by the Registrar of the Federal Magistrates Court. I certify that the preceding one (1) numbered paragraph are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate: Dated: 28 May 2003 Appellant appeared in person. Counsel for the Respondent: Mr C R Newlinds and Mr H Stowe Date of Hearing: 4 February 2003 Date of Judgment: 4 February 2003