Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Secretary, Department of Family and Community Services [2006] FCA 189
MOHINDER SINGH v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
V 1121 of 2003
RYAN J
8 MARCH 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1121 of 2003
BETWEEN: MOHINDER SINGH
Applicant
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Respondent
ORDER (IN CHAMBERS)
JUDGE: RYAN J
DATE OF ORDER: 8 MARCH 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Registrar be directed not to accept the notice of motion dated 6 February 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1121 of 2003
BETWEEN: MOHINDER SINGH
Applicant
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Respondent
JUDGE: RYAN J
DATE: 8 MARCH 2006
PLACE: MELBOURNE
REASONS FOR DIRECTING NON-ACCEPTANCE OF PROCESS 1 On 6 February 2005, Mr Mohinder Singh lodged for filing in the Victoria District Registry of this Court a notice of motion seeking the following relief; '1. The Honourable Court set aside the reasons for judgment and orders made in respect to the appeal No V1121/2003 on 23 December 2004 under Order 35 Rule 7 Subrules 2 and 4 of the Federal Court Orders and Rules.
2. Costs be in the cause of the whole action.'
2 The judgment and orders made on 23 December 2004 were those of Gray J who gave extensive reasons for dismissing an appeal by Mr Singh from a decision of the Federal Magistrate's Court given on 9 September 2003. Mr Singh subsequently sought special leave from the High Court to appeal from Gray J's order of 23 December 2004. That application for special leave was refused on 9 September 2004. Thereafter Mr Singh applied, again to Gray J to: '1. Honourable Court set aside the reasons for judgment and orders made in respect to the appeal No V1121/2003 on 23 December 2004.
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