Dixon v Bendigo and Adelaide Bank [2015] FCA 737

FEDERAL COURT OF AUSTRALIA

Dixon v Bendigo and Adelaide Bank [2015] FCA 737 Citation: Dixon v Bendigo and Adelaide Bank [2015] FCA 737

Appeal from: Application for extension of time: Dixon v Bendigo and Adelaide Bank [2015] FCCA 1785

Parties: THOMAS INGHAM DIXON v BENDIGO AND ADELAIDE BANK

File number: SAD 172 of 2015

Judge: RANGIAH J

Date of judgment: 8 July 2015

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal – Federal Circuit Court refused to transfer proceeding interstate – where applicant subject to visual, auditory and psychological impairments – where cross-examination required – where video or telephone link unsuitable – failure to consider relevant matters – application granted and appeal allowed

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 8.01 and 8.01(2)

Date of hearing: 8 July 2015

Place: Heard in Brisbane via video link to Adelaide

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr B Roberts SC

Solicitor for the Respondent: Scott Lawyers

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 172 of 2015

BETWEEN: THOMAS INGHAM DIXON

Applicant

AND: BENDIGO AND ADELAIDE BANK

Respondent

JUDGE: RANGIAH J DATE OF ORDER: 8 JULY 2015 WHERE MADE: HEARD IN BRISBANE VIA VIDEO LINK TO ADELAIDE

THE COURT ORDERS THAT:

1. The applicant be granted an extension of time until 11 June 2015 to seek leave to appeal. 2. The applicant be granted leave to appeal. 3. The appeal be allowed. 4. The orders of the Federal Circuit Court of Australia in proceeding ADG23/2015 made on 20 May 2015 be set aside. 5. Proceeding ADG23/2015 be transferred from the Adelaide Registry to the Brisbane Registry of the Federal Circuit Court of Australia. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.