Wilczak v Alpine Refrigeration & Air Conditioning Pty Limited [2004] FCA 1356

FEDERAL COURT OF AUSTRALIA

Wilczak v Alpine Refrigeration & Air Conditioning Pty Limited [2004] FCA 1356

PRACTICE AND PROCEDURE – appeal – setting aside judgment – discovery – obligations on party giving discovery to make inquiries and search – whether respondent complied with Federal Magistrate's order for discovery – whether a real possibility that hearing would have resulted in a different outcome – whether Federal Magistrate should have made inferences from deficiencies in discovery FEDERAL JURISDICTION – Federal Magistrates Court – jurisdiction over a 'matter' – extent of justiciable controversy between the parties – whether issue as to leave entitlements part of the relevant matter WORDS AND PHRASES – 'matter'

Evidence Act 1995 (Cth) s 131 Federal Magistrates Act 1999 (Cth) s 3, s 14, s 18 and s 45 Trade Practices Act 1974 (Cth) s 51AC Commonwealth Constitution ss 76-77 Australian Securities and Investment Commission v Edensor Nominees Pty Ltd 204 CLR 559 applied Brookfield v Yevad Products Pty Ltd [2004] FCA 1164 cited Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 followed Re Gorm; Ex parte Co‑operative Building Society of South Australia (1989) 86 ALR 275 followed ANNA WILCZAK v ALPINE REFRIGERATION & AIR CONDITIONING PTY LIMITED (ACN 055 127 163) AND HARRY SISSANES N 257 of 2004 BRANSON J 21 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 257 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: ANNA WILCZAK

APPELLANT

AND: ALPINE REFRIGERATION & AIR CONDITIONING PTY LIMITED (ACN 055 127 163)

FIRST RESPONDENT

HARRY SISSANES

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 21 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT the appeal be stood over to a date to be fixed for the purpose of making orders, including an order or orders as to costs, giving effect to these reasons.