Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maxwell-Smith v Donnelly [2012] FCA 154 Citation: Maxwell-Smith v Donnelly [2012] FCA 154
Parties: INGE MAXWELL-SMITH and EUGENE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY and S & E HALL PTY LTD
File number(s): NSD 1904 of 2011
Judge: YATES J
Date of judgment: 28 February 2012
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – application incompetent PRACTICE AND PROCEDURE – application to review decision under r 39.05(a) of the Federal Court Rules 2011 – application refused
Legislation: Federal Court Rules 2011 r 39.05(a)
Cases cited: Hu v Giles [2010] FCA 592
Date of hearing: 28 February 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellants: The first appellant appeared in person on behalf of the appellants
Counsel for the Respondents: Mr BJ Skinner
Solicitor for the Respondents: Church & Grace
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1904 of 2011
BETWEEN: INGE MAXWELL-SMITH
First Appellant
EUGENE MAXWELL-SMITH
Second Appellant
AND: MAX CHRISTOPHER DONNELLY
First Respondent
S & E HALL PTY LTD
Second Respondent
JUDGE: YATES J DATE OF ORDER: 28 FEBRUARY 2012 WHERE MADE: SYDNEY
THE COURT:
1. Grants leave to the appellants to file in the Registry the following documents (the documents): 1.1 the document entitled "Leave of appeal for interlocutory orders from Rares J entered on 22 November 2011" (the application); 1.2 affidavit of Inge Maxwell-Smith sworn 27 February 2012; 1.3 affidavit of Inge Maxwell-Smith sworn 13 February 2012; and 1.4 the document entitled "Oral argument on leave of appeal from Rares J orders" dated 26 February 2012. 2. Notes the undertaking of the first appellant to file the originals of the documents in the Registry. 3. Orders that the application be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1904 of 2011
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