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