Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogawa v The University of Melbourne (No 2) [2004] FCA 1275 PRACTICE AND PROCEDURE – leave to appeal from interlocutory judgments of Federal Magistrates Court – whether indemnity costs should be awarded against self-represented litigant in the circumstances Federal Court of Australia Act 1976 (Cth) ss 23, 24(1)(d), 24(1A), 25(1B) and (2) Federal Magistrates Act 1999 (Cth) ss 39, 43 Federal Court RulesO 52 r 18, O 80 Federal Magistrates Court Rules 2001 (Cth) Pt 12 Kurniadi v Loh [2003] FMCA 24 considered Carr v Finance Corp of Australia Ltd (1980) 147 CLR 246 referred to Cubillo v The Commonwealth of Australia (2001) 183 ALR 249 referred to Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 referred to Ruddock v Vadarlis (2001) 115 FCR 229 referred to Henke v Carter [2002] FCA 492 considered Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 referred to Commissioner of Taxation v Levick (1999) 168 ALR 388 referred to Bhagat v Royal and Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 cited Bhagat v Global Custodians Ltd [2002] FCA 223 cited MEGUMI OGAWA v THE UNIVERSITY OF MELBOURNE V 936 OF 2004 V 1130 OF 2004 KENNY J 1 OCTOBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 936 OF 2004
BETWEEN: MEGUMI OGAWA
APPLICANT
AND: THE UNIVERSITY OF MELBOURNE
RESPONDENT
JUDGE: KENNY J
DATE OF ORDER: 1 OCTOBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application for leave to appeal from orders made by the Federal Magistrate on 27 July 2004 be refused. 2. The applicant's motion, notice of which is dated 2 August 2004, be dismissed. 3. The applicant pay the respondent's costs of and incidental to the applicant's motion, to be taxed and paid on an indemnity basis. 4. There be no order as to the costs of the respondent's motion, notice of which is dated 12 August 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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