Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shephard v Driver [2003] FCA 1461 DEREK GEORGE SHEPHARD v ROLF DRIVER, FEDERAL MAGISTRATE & ANOR N1544 OF 2003 EMMETT J 14 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1544 OF 2003
BETWEEN: DEREK GEORGE SHEPHARD
APPLICANT
AND: ROLF DRIVER, FEDERAL MAGISTRATE
FIRST RESPONDENT
CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
ACN 002 687 961
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 14 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed. 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 N1544 OF 2003
BETWEEN: DEREK GEORGE SHEPHARD
APPLICANT
AND: ROLF DRIVER, FEDERAL MAGISTRATE
FIRST RESPONDENT
CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
ACN 002 687 961
SECOND RESPONDENT
JUDGE: EMMETT J
DATE: 14 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 In this matter, the applicant seeks relief against a Federal Magistrate on the basis of the failure of the Magistrate to disqualify himself from hearing a proceeding under the Bankruptcy Act 1966 (Cth). When the matter was called on for hearing today, there was no appearance for the applicant. Accordingly, I order that the application be dismissed. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
Associate: Dated: 10 December 2003
Counsel for the Applicant: No appearance
Counsel for the Second Respondent: No appearance
Date of Hearing: 14 November 2003
Date of Judgment: 14 November 2003
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