Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
A V Jennings Ltd ACN 004 601 503 v Bogdan [2008] FCA 107 PRACTICE AND PROCEDURE – application for an extension of time to file and serve a notice of appeal – consideration of whether 'special reasons' made out – consideration of the circumstances of delay – consideration of the principles governing an application for an extension of time – consideration of the exercise of federal jurisdiction by the Magistrates Court of Queensland
Federal Court of Australia Act 1976, s 24(1)(c), s 25(2)(a) and (b), s 25(2A), s 25(2) Copyright Act 1968 (Cth), s 115, s 131B(2) Judiciary Act 1903 (Cth), s 39(2) Constitution of the Commonwealth of Australia, s 75, s 76(ii), s 77(iii) Federal Court Rules, Order 52, rule 15(1)(a), Order52, rule 15(2), Order 52, rule 15(3) Ly and Another v Jenkins and Others (2001) 114 FCR 237, cited Jess v Scott (1986) 12 FCR 187, cited Stollznow v Calvert [1980] 2 NSWLR 749, cited Douglas v Allen (1984) 1 FCR 287, cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, cited Seiler v Minister for Immigration (1994) 48 FCR 83, cited Re Envirotech Australia Pty Ltd (1989) 14 IPR 108, cited Envirotech and Johns v Australian Securities Commission (1992) 108 ALR 277, cited A V JENNINGS LTD ACN 004 601 503 v TIBERIU BOGDAN AND VESNA BOGDAN QUD410 OF 2007
GREENWOOD J
21 FEBRUARY 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD410 OF 2007
BETWEEN: A V JENNINGS LTD ACN 004 601 503
Applicant
AND: TIBERIU BOGDAN AND VESNA BOGDAN
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 21 FEBRUARY 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The applicant is granted leave to file and serve a notice of appeal to the Federal Court of Australia from the orders of the Magistrates Court of Queensland dismissing the applicant's proceeding before that Court on 20 March 2007. 2. The applicant pay the respondents' costs of and incidental to the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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