Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v Libraries Board of South Australia [2008] FCA 1552
RANJIT SHAMSHER JUNG BAHADUR RANA v LIBRARIES BOARD OF SOUTH AUSTRALIA, HOUSING TRUST OF SOUTH AUSTRALIA and INTERCONTINENTAL CATERERS PTY LTD
SAD 91 of 2008
MANSFIELD J
20 OCTOBER 2008
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 91 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: RANJIT SHAMSHER JUNG BAHADUR RANA
Appellant
AND: LIBRARIES BOARD OF SOUTH AUSTRALIA
First Respondent
HOUSING TRUST OF SOUTH AUSTRALIA
Second Respondent
INTERCONTINENTAL CATERERS PTY LTD
Third Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 20 OCTOBER 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 91 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: RANJIT SHAMSHER JUNG BAHADUR RANA
Appellant
AND: LIBRARIES BOARD OF SOUTH AUSTRALIA
First Respondent
HOUSING TRUST OF SOUTH AUSTRALIA
Second Respondent
INTERCONTINENTAL CATERERS PTY LTD
Third Respondent
JUDGE: MANSFIELD J
DATE: 20 OCTOBER 2008
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 On 12 April 2007, the appellant applied in the Federal Magistrates Court, supported by a statement of claim, for damages under ss 80 (sic), 82 and 87 of the Trade Practices Act 1974 (Cth) (the TP Act) for contraventions of s 52 of the Act, and for negligence and for breach of contract for "loss of shelter and reputation and aggravation of paranoid schizophrenia and diabetes type two", claiming $250,000. 2 That proceeding was summarily dismissed on 4 July 2008 pursuant to s 17A(2) of the Federal Magistrates Court Act 1999 (Cth) (the FM Act) and r 13.10(1) of the Federal Magistrates Court Rules (the Rules) with costs. Section 17A of the FM Act empowered a Federal Magistrate to summarily dismiss a proceeding if the claimant had no reasonable prospect of successfully prosecuting the proceeding, and r 13.10(1) relevantly was in the same terms. 3 This is an appeal from that decision. 4 The appellant was declared bankrupt on 13 August 2008. He appealed from the decision of that date, and judgment on that appeal is to be delivered at the same time as this appeal. For reasons which appear in that judgment: Rana v Chief of Army [2008] FCA 1554, that appeal is to be dismissed. However, it is common ground that, notwithstanding his bankruptcy, s 60(2) of the Bankruptcy Act 1966 (Cth) does not apply as s 60(4) of that Act preserves the appellant's right to maintain the proceeding.
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