Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bittmann v Australian Securities and Investments Commission (No 2) [2006] FCA 1786
PRACTICE AND PROCEDURE – appeal from Administrative Appeals Tribunal – appeal must be brought on question of law – notice of appeal failed to state question of law – Court's power to strike out notice of appeal – notice of appeal struck out – Court's discretion to award costs Australian Securities and Investments Commission Act 2001 (Cth), s 244 Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court Rules, O 9 r 7, O 20 r 3, O 53 r 15 Federal Court of Australia Act 1976 (Cth), s 23 Bittmann v Australian Securities and Investments Commission [2006] FCA 1532 referred to Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 discussed TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 referred to Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 referred to Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 referred to Ergon Energy Corp Ltd v Commissioner of Taxation (2006) 153 FCR 551 referred to McGregor v Chief Executive Officer of Centrelink [2000] FCA 701 discussed Zoia v Administrative Appeals Tribunal [2003] FCA 303 cited Barghouthi v ING Custodians Pty Ltd [2003] FCA 1272 cited ANTAL BITTMAN v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION VID 981 OF 2006
KENNY J
21 DECEMBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 981 OF 2006
BETWEEN: ANTAL BITTMAN
Appellant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Respondent
JUDGE: KENNY J DATE OF ORDER: 21 DECEMBER 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The notice of appeal filed on 4 September 2006 be struck out. 2. The applicant pay the respondent's costs of the hearing on 20 December 2006 fixed in the amount of $1,200. 3. Save for order 2 above, each party bear its own costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate