Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
von Reisner v Commonwealth of Australia [2008] FCA 1108
Re Luck (2003) 203 ALR 1 cited KODIU VON REISNER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES
NSD 626 of 2008
BRANSON J
31 JULY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 626 of 2008
BETWEEN: KODIU VON REISNER
Applicant
AND: COMMONWEALTH OF AUSTRALIA
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 18 JULY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application, except to the extent that it was previously dealt with, be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 626 of 2008
BETWEEN: KODIU VON REISNER
Applicant
AND: COMMONWEALTH OF AUSTRALIA
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 17 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. To the extent, if any, that is it necessary, the applicant have leave to appeal order 2 of the orders made in proceeding NSD 1540/2007 on 31 March 2008. 2. The time within which any notice of appeal from order 2 of the orders made in NSD 1540/2007 on 31 March 2008 is to be filed and served is fixed as within 21 days from the determination of this application. 3. The application is otherwise stood over to a date to be fixed to allow the respondents, or either of them, to approach the Chambers of Flick J to enquire whether his Honour may wish to re-list the matter for the purpose of giving consideration to exercising the power set out in O 35 r 7 (2) (e) of the Federal Court Rules with respect of any or all of orders 1, 2 and 4 made on 30 November 2007 and order 1 made on 31 March 2008 made in proceeding NSD 1540/2007. 4. The second respondent to apply to the Associate to Branson J to re-list the application as promptly as is practicable but in any event within 4 weeks of today's date. 5. Liberty to each party to apply on short notice. 6. Costs reserved. 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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