Lin v State Rail Authority of New South Wales [2003] FCA 1324

FEDERAL COURT OF AUSTRALIA

Lin v State Rail Authority of New South Wales [2003] FCA 1324 SARAH LIN v STATE RAIL AUTHORITY OF NEW SOUTH WALES N 1728 OF 2003 MOORE J SYDNEY 11 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1728 OF 2003

ON APPEAL FROM AN INTERLOCUTORY DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SARAH LIN

APPELLANT

AND: STATE RAIL AUTHORITY OF NEW SOUTH WALES

RESPONDENT JUDGE: MOORE J

DATE OF ORDER: 11 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. The appellant pay the costs of the respondent. 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 N 1728 OF 2003

ON APPEAL FROM AN INTERLOCUTORY DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SARAH LIN

APPELLANT

AND: STATE RAIL AUTHORITY OF NEW SOUTH WALES

RESPONDENT

JUDGES: MOORE J

DATE OF ORDER: 11 NOVEMBER 2003

WHERE MADE: SYDNEY

REASONS FOR JUDGMENT 1 This is what purports to be an application by Ms Sarah Lin for leave to appeal against a judgment, decision or direction of Wilcox J of 30 October 2003, fixing for hearing a notice of motion filed on 29 October 2003 by the respondent to the proceedings, the State Rail Authority of New South Wales. In that notice of motion, the State Rail Authority of New South Wales seeks orders dismissing the principal application by Ms Lin on the basis that it is frivolous or vexatious. 2 Assuming that the application for leave to appeal is competent, nothing has been demonstrated in my view to suggest that any error attended the decision of Wilcox J to fix the motion of the State Rail Authority for hearing. Accordingly, I propose to dismiss the application for leave to appeal with costs.