Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Soh v Commonwealth of Australia [2009] FCA 32
PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – orders for security for costs and for dismissal of the proceedings contingent on non-compliance, in accordance with s25(2B)(bb)(i) of the Federal Court of Australia Act 1976 – what conditions must be satisfied in order for leave to be granted PRACTICE AND PROCEDURE – whether a contingent self-executing order exhausts the appellate jurisdiction of the court – the decision is that the court has jurisdiction to extend time and grant leave where the requisite conditions are made out
Federal Court of Australia Act 1976 (Cth) ss 25(2B)(bb)(i), 56 Federal Court Rules O 3 r 3(2) Soh v Commonwealth of Australia [2008] FCA 520 Décor Corp Pty Ltd v Dart Industries Pty Ltd (1991) 33 FCR 397 House v R (1936) 55 CLR 499 Adam P Brown Male Fashions Pty Ltd v Phillip Morris Incorporated (1981) 148 CLR 170 Bourke v State Bank of New South Wales [1995] FCA 139 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Sammy Russo Meat Supplies Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 Equity Access Limited v Westpac Banking Corporation (1989) ATPR 40-972 Tait v Bindal People [2002] FCA 322 JAY HO SOH v COMMONWEALTH OF AUSTRALIA
NSD 1827 of 2008
TAMBERLIN J
28 JANUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1827 of 2008
BETWEEN: JAY HO SOH
Applicant
AND: COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 28 JANUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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