Dart v Norwich Union Life Australia Limited [2005] FCA 327

FEDERAL COURT OF AUSTRALIA

Dart v Norwich Union Life Australia Limited [2005] FCA 327

PRACTICE AND PROCEDURE – appeals – application for leave to appeal – oral application made to single judge after interlocutory judgment – whether further application to Full Court is competent Federal Court of Australia Act 1976 (Cth) ss 24(1), 25(2) Federal Court Rules, O 52 r 10

Wati v Minister for Immigration and Multicultural & Indigenous Affairs (1997) 78 FCR 543 cited Dallhold Investments Pty Ltd (in liq) v Gold Resources Australia Ltd (Prov Liq Apptd) (1991) 31 FCR 587 cited Donkin v AGC (Advances) Ltd [1995] FCA 696 cited Hamod v New South Wales [2002] FCAFC 97 cited Reid v Nairn (1985) 60 ALR 419 applied Thomas Borthwick & Sons (Pacific Holdings) Ltd v Trade Practices Commission (1988) 18 FCR 424 applied Atkinson v Commission of Taxation (2000) 46 ATR 32 cited SYDNEY RONALD DART & ORS v NORWICH UNION LIFE AUSTRALIA LIMITED (ACN 006 783 295) & ORS No QUD 43 of 2005 SPENDER J 30 MARCH 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 43 of 2005

BETWEEN: SYDNEY RONALD DART

FIRST APPLICANT

SHIRLEY NORMA DART

SECOND APPLICANT

FREDERICK WILLIAM DART

THIRD APPLICANT

AND: NORWICH UNION LIFE AUSTRALIA LIMITED

(ACN 006 783 295)

FIRST RESPONDENT

VYNOTAS PTY LTD

(ACN 007 093 601)

SECOND RESPONDENT

JONES LANG LASALLE (QLD) PTY LIMITED

(ACN 010 411 140)

THIRD RESPONDENT

ROBERTS NEHMER McKEE (A FIRM)

FOURTH RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 30 MARCH 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion filed 12 February 2005 by the applicants is dismissed as incompetent in the case of the two male applicants, and for non-compliance with the requirements of O 52 r 10 of the Federal Court Rules, in respect of the female applicant. 2. The applicants should pay the costs of each of the respondents, of and incidental to this notice of motion, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.