Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moss v Nationwide News Pty Ltd [2009] FCA 1008
WILLIAM WAYNE MOSS v NATIONWIDE NEWS PTY LTD
NSD 648 of 2009
COWDROY J
11 SEPTEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 648 of 2009
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WILLIAM WAYNE MOSS
Appellant
AND: NATIONWIDE NEWS PTY LTD
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 11 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The Appellant pay the costs of the Respondent. 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 648 of 2009
general division
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: WILLIAM WAYNE MOSS
Appellant
AND: NATIONWIDE NEWS PTY LTD
Respondent
JUDGE: COWDROY J
DATE: 11 SEPTEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By Amended Notice of Appeal filed on 6 August 2009, the appellant (known as Mr William Wayne Moss, although in other proceedings referred to hereafter the appellant was known as Mr William Walter Miller) appeals from the decision of Federal Magistrate Driver delivered on 16 June 2009 which upheld a sequestration order made against the appellant by Registrar Morgan of the Federal Magistrates Court on 18 May 2009. 2 The respondent filed a Notice of Motion on 17 August 2009 with an affidavit of Lyndelle Elizabeth Brown sworn on 14 August 2009 in support. The Notice of Motion seeks summary judgment of the appellant's appeal pursuant to s 31A of the Federal Court of Australia Act 1976 ('the Act')and/or O 52 r 18 of the Federal Court Rules ('the Rules'). 3 On 27 August 2009 the Chief Justice, pursuant to provisions of s 25(1A) of the Act, determined that the appellant jurisdiction of the Court in relation to the appeal would be exercised by a single judge.
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