Ansari v Commonwealth Bank of Australia Limited (ACN 123 123 124) [2007] FCA 1908

FEDERAL COURT OF AUSTRALIA

Ansari v Commonwealth Bank of Australia Limited (ACN 123 123 124) [2007] FCA 1908

MARYAM ANSARI v COMMONWEALTH BANK OF AUSTRALIA LIMITED (ACN 123 123 124) VID 1248 OF 2006

RYAN J

6 DECEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1248 OF 2006

BETWEEN: MARYAM ANSARI

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA LIMITED (ACN 123 123 124)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 6 DECEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant's motion on notice dated 18 May 2007 be refused. 2. The proceedings be dismissed pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth). 3. The applicant pay such of the respondent's costs of the proceedings as have been incurred after 20 August 2007, 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 1248 OF 2006

BETWEEN: MARYAM ANSARI

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA LIMITED (ACN 123 123 124)

Respondent

JUDGE: RYAN J

DATE: 6 DECEMBER 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 There is before the Court, a notice of motion by the applicant dated and filed 18 May 2007, seeking the following order; '1. I would like to ask for leave to take my case to supreme court ASAP.' The notice of motion was initially returnable on 27 July 2007. However, by order made on 4 June 2007, the return of the motion was adjourned to 21 September 2007. The notice of motion is accompanied by an unsworn affidavit by the applicant which recites; '1. As stated previously by applicant, Respondent lawyers and probono lawyer assigned by federal court to assist me there is no reasonable prospect of success with the current application.