Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bellette v Form Print Pty Ltd trading as Pacific Mediprint [2008] FCA 841
PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision of Federal Magistrate – whether decision attended by sufficient doubt to warrant reconsideration Held: leave to appeal refused – applicant would not suffer substantial injustice should leave to appeal be refused – federal magistrate's decision not attended by sufficient doubt to warrant reconsideration Federal Court of Australia Act 1976 (Cth) ss 24(1), 24(1A) Workplace Relations Act 1996 (Cth) ss 659, 661, 665 Federal Court Rules O 30 r 7, O 35 r 2 and r 3 Federal Magistrates Court Rules 4.04, 4.05
Telstra Corporation Ltd v AAPT Ltd [1997] 38 IPR 539 cited GRAHAME ANTHONY BELLETTE v FORM PRINT PTY LTD TRADING AS PACIFIC MEDIPRINT
QUD 138 OF 2008
COLLIER J
3 JUNE 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 138 OF 2008
BETWEEN: GRAHAME ANTHONY BELLETTE
Applicant
AND: FORM PRINT PTY LTD TRADING AS PACIFIC MEDIPRINT
Respondent
JUDGE: COLLIER J
DATE OF ORDER: 3 JUNE 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Leave to appeal be refused. 2. The applicant pay the respondent's costs of today's proceedings, to be taxed if not otherwise agreed Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 138 OF 2008
BETWEEN: GRAHAME ANTHONY BELLETTE
Applicant
AND: FORM PRINT PTY LTD TRADING AS PACIFIC MEDIPRINT
Respondent
JUDGE: COLLIER J
DATE: 3 JUNE 2008
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 This is an application for leave to appeal from an interlocutory order of Jarrett FM dated 29 May 2008 pursuant to s 24(1)(d) Federal Court of Australia Act 1976 (Cth). The order of the Federal Magistrate was in the following terms: That the oral application for adjournment of the trial listed for one (1) day on Wednesday 4 June 2008 by the applicant is refused. 2 Because the order of Jarrett FM was interlocutory, leave to appeal from his Honour's decision is required to be given by this Court (s 24(1A) Federal Court of Australia Act). 3 The applicant was self-represented, however the respondent had legal representation. Both parties are located in northern New South Wales. The hearing before me this afternoon was conducted by telephone.
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