Qureshi v Commonwealth Bank of Australia [2010] FCA 155

FEDERAL COURT OF AUSTRALIA

Qureshi v Commonwealth Bank of Australia [2010] FCA 155 Citation: Qureshi v Commonwealth Bank of Australia [2010] FCA 155

Appeal from: Commonwealth Bank of Australia v Qureshi [2009] FMCA 1111

Parties: ZIA QURESHI v COMMONWEALTH BANK OF AUSTRALIA

File number: NSD 1244 of 2009

Judge: FOSTER J

Date of judgment: 26 February 2010

Catchwords: PRACTICE AND PROCEDURE – summary dismissal of appeal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 25(1A), s 31A

Cases cited: Commonwealth Bank of Australia v Qureshi [2009] FMCA 1111 affirmed Qureshi v Commonwealth Bank of Australia [2009] NSWCA 421 related Wang v Anying Group Pty Ltd [2009] FCA 1500 followed

Date of hearing: 26 February 2010

Place: Sydney

Division: GENERAL DIVISION

Category: CATCHWORDS

Number of paragraphs: 21

The Appellant did not appear

Counsel for the Respondent: Mr AR Zahra

Solicitor for the Respondent: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 1244 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: ZIA QURESHI

Appellant

AND: COMMONWEALTH BANK OF AUSTRALIA

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 26 FEBRUARY 2010

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal. 3. The hearing of the appeal fixed for 17 March 2010 be vacated. THE COURT DIRECTS THAT: 4. The solicitors for the respondent notify the appellant, by letter sent to him by no later than close of business on 26 February 2010, that his appeal has been dismissed with costs. 5. The exhibits to the affidavit of Christine Elizabeth Hilder sworn on 26 February 2010 be returned.