Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hill v Lang [2010] FCA 629 Citation: Hill v Lang [2010] FCA 629
Appeal from: Hill v Lang [2010] FMCA 40
Parties: BRENTON HILL v FRANK LANG
File number: SAD 10 of 2010
Judge: LANDER J
Date of judgment: 25 June 2010
Catchwords: PRACTICE AND PROCEDURE – appeal from a Federal Magistrate's order – Federal Magistrate erred in summarily dismissing the applicant's claim pursuant to s 17A of the Federal Magistrates Act 1999 (Cth) – factual dispute between the applicant and the respondent – not appropriate to decide the question by reference to the affidavit evidence in the absence of hearing the parties
Legislation: Copyright Act 1968 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A Federal Magistrates Act 1999 (Cth) s 17A Federal Magistrates Court Rules 2001 (Cth) r 13.10
Cases cited: Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720, cited Commonwealth Bank of Australia v ACN 000 247 601 Pty Ltd (in liq) (Formerly Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60, cited Rana v Commonwealth of Australia [2008] FCA 907, cited Stanley Thompson Valuers Pty Ltd) [2006] FCA 1416, cited
Date of hearing: 4 June 2010
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: The Respondent appeared in person
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 10 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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