Sambastian v Australian Postal Corporation [2017] FCA 1232

FEDERAL COURT OF AUSTRALIA

Sambastian v Australian Postal Corporation [2017] FCA 1232 File number: SAD 191 of 2017

Judge: WHITE J

Date of judgment: 13 October 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time in which to appeal against Administrative Appeals Tribunal decision – Applicant seeks adjournment – Respondent opposes adjournment and seeks dismissal of application under Federal Court Rules 2011 rr 5.22 and 5.23 – adjournment refused – Applicant in default – application for extension of time dismissed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A) Safety, Rehabilitation and Compensation Act 1988 (Cth) Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 33.12, 33.13

Date of hearing: 13 October 2017

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr N Swan

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS SAD 191 of 2017

BETWEEN: ARMAND SAMBASTIAN Applicant

AND: AUSTRALIAN POSTAL CORPORATION Respondent

JUDGE: WHITE J DATE OF ORDER: 13 OCTOBER 2017

THE COURT ORDERS THAT:

1. The Applicant's request for an adjournment is refused. 2. The application for an extension of time filed on 19 July 2017 is dismissed. 3. The Applicant is to pay the Respondent's costs of and incidental to the application filed on 19 July 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.