Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vescio v Honourable Kristina Keneally [2008] FCA 589
PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 24(1A) – application for leave to appeal against an interlocutory decision – decision of primary judge clearly correct – application refused – Judiciary Act 1903 (Cth) – s 78B notices – no "live issue" arising under the Constitution
Crimes Act 1914 (Cth) s 43(1) Federal Court of Australia Act 1976 (Cth) s 24(1A) Judiciary Act 1903 (Cth) ss 39B(1A)(c), 78B Amrit Lal Narain v Parnell (1986) 9 FCR 479 followed Commonwealth of Australia v Lyon [2003] FCAFC 284 followed Deputy Commissioner of Taxation v Warrick (No 2) [2004] FCA 918 followed Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Mentyn v Westpac Banking Corporation [2004] FCAFC 149 followed Vescio v Honourable John Hatzistergos (NSW Attorney General) [2008] FCA 332 cited
CARMELO MICHAEL VESCIO v HON. KRISTINA KENEALLY (MINISTER FOR AGEING) AND ORS
nsd 510 of 2008
flick J
1 May 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 510 of 2008
BETWEEN: CARMELO MICHAEL VESCIO
Applicant
and: HON. KRISTINA KENEALLY (MINISTER FOR AGEING)
First Respondent
HON. JOHN HATZISTERGOS (ATTORNEY GENERAL)
Second Respondent
ANGELA D'AMORE (STATE MEMBER FOR DRUMMOYNE)
Third Respondent
DIANE ROBINSON (PRESIDENT OF THE GUARDIANSHIP TRIBUNAL)
Fourth Respondent
KEN GABB (THE PROTECTIVE COMMISSIONER)
Fifth Respondent
CATHERINE LAY (PUBLIC GUARDIAN)
Sixth Respondent
AMANDA MCDONOUGH (PUBLIC GUARDIAN REGIONAL OFFICER)
Seventh Respondent
JUDGE: FLICK J DATE OF ORDER: 1 may 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for leave to appeal, as contained in the Notice of Motion filed on 14 April 2008, be refused. 2. The Applicant to pay the costs of the Respondents of and incidental to the hearing of 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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