Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winn v Brian Ward & Partners Pty Ltd [2007] FCA 1520
PRACTICE AND PROCEDURE – leave to file notice of appeal out of time – consideration of different principles relevant where decision is substantive or interlocutory in character Federal Court of Australia Act 1976 (Cth) ss 24 and 25 Federal Court Rules O 52 Carr v Finance Corp of Australia Ltd (No 1) (1980) 147 CLR 246 cited Cubillo v Commonwealth (2001) 112 FCR 455 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Griffiths v Boral Resources (Qld) Pty Limited (2006) 154 FCR 554 referred to Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 applied Merit Protection Commissioner v Nonnenmacher (1999) 86 FCR 112cited Newcrest Mining (WA) Limited v Commonwealth of Australia (1993) 40 FCR 507cited Ogawa v University of Melbourne (No 2) [2004] FCA 1275cited Parker v The Queen [2002] FCAFC 133 applied JULENE WINN v BRIAN WARD & PARTNERS PTY LTD VID 682 OF 2007
GORDON J
2 OCTOBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 682 OF 2007
BETWEEN: JULENE WINN
Applicant
AND: BRIAN WARD & PARTNERS PTY LTD
Respondent
JUDGE: GORDON J DATE OF ORDER: 2 OCTOBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The amended application dated 2 August 2007 is dismissed. 2. The applicant is to pay the respondent's costs of the proceeding, such costs to be taxed in default of agreement. 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 682 OF 2007
BETWEEN: JULENE WINN
Applicant
AND: BRIAN WARD & PARTNERS PTY LTD
Respondent
JUDGE: GORDON J
DATE: 2 OCTOBER 2007
PLACE: MELBOURNE
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