Töben v Jones [2009] FCA 585

FEDERAL COURT OF AUSTRALIA

Töben v Jones [2009] FCA 585

PRACTICE AND PROCEDURE – application for extension of time within which to file and serve notice of appeal from order declaring applicant guilty of contempt of court – where all relevant factors other than merits of proposed appeal in favour of granting extension of time – whether applicant able to demonstrate prospect of success Held: extension of time granted – without hearing submissions as on appeal, Court unable to conclude that proposed appeal has no prospect of success. Racial Discrimination Act 1975 (Cth) Federal Court Rules O 52 r 15

Jeffers v The Queen (1993) 67 ALJR 288 cited Jess v Scott (1986) 12 FCR 187 referred to Jones v Toben [2002] FCA 1150 referred to Jones v Toben [2009] FCA 354 referred to Jones v Toben (No 2) [2009] FCA 477 referred to Parker v The Queen [2002] FCAFC 133 referred to Real Tech Systems Integration Pty Ltd v Meuross (1998) 82 FCR 150 referred to GERALD FREDRICK TÖBEN v JEREMY JONES

SAD 69 of 2009

BESANKO J

2 JUNE 2009

ADELAIDE (VIA VIDEO LINK WITH SYDNEY AND MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 69 of 2009

BETWEEN: GERALD FREDRICK TÖBEN

Applicant

AND: JEREMY JONES

Respondent

JUDGE: BESANKO J

DATE OF ORDER: 2 JUNE 2009

WHERE MADE: ADELAIDE (VIA VIDEO LINK WITH SYDNEY AND MELBOURNE)

THE COURT ORDERS THAT:

The time within which the applicant may file and serve a notice of appeal appealing against the declaration made by Lander J on 16 April 2009 (order number 7) and containing the 25 grounds of appeal identified in exhibit "GFT-B" to the applicant's affidavit sworn on 20 May 2009 be extended to 9 June 2009. 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