Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bahonko v Sterjov [2007] FCA 1556
PRACTICE AND PROCEDURE – where appeal pending in relation to substantive orders and costs orders of a single judge – application for access to transcript for purposes of appeal – leave limited to viva voce evidence to facilitate preparation of the appeal by all parties – application for leave to stay costs orders pending determination of appeal – application for removal of respondents' legal representatives from participation in appeal – application for leave to initiate contempt proceedings where leave previously denied – where nature of requests scandalous and vexatious Federal Court Rules O 46 r 7A and O 52 and r 17(1)
Bahonko v Sterjov [2007] FCA 867 referred to Bahonko v Sterjov [2007] FCA 1341 referred to Bahonko v Sterjov [2007] FCA 1377 referred to Bahonko v Sterjov & Ors [2007] FCA 1555 referred to Bizuneh v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 353 applied Paramasivam v Randwick City Council [2005] FCA 369 referred to
STANISLAWA BAHONKO v KOSTA STERJOV, SNEZANA STERJOVA, LISA MCEWAN AND LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD VID 743 OF 2007
GORDON J
8 OCTOBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 743 OF 2007
BETWEEN: STANISLAWA BAHONKO
Appellant
AND: KOSTA STERJOV
First Respondent
SNEZANA STERJOVA
Second Respondent
LISA MCEWAN
Third Respondent
LA KOSTA CHILD CARE CENTRE & KINDERGARTEN PTY LTD
Fourth Respondent
JUDGE: GORDON J DATE OF ORDER: 8 OCTOBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appellant be provided, at the expense of the Court, with a copy of the transcript in an electronic form of the evidence of the following persons before Jessup J in VID 114/2006: (1) the appellant; (2) Lisa McEwan; (3) Kosta Sterjov; (4) Esther Keji Matthew; (5) Snezana Sterjova; and (6) Wieslawa Kurasik. 2. The notice of motion dated 20 September 2007 is otherwise dismissed. 3. The appellant is to pay the respondents' costs of and incidental to the Notice of Motion filed on 20 September 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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