Federal Court of Australia
Federal Court of Australia
Nandutu v Chapman [2020] FCA 1798 Appeal from: Application for leave to appeal: Nandutu v Chapman [2019] FCCA 3715
File number: NSD 2104 of 2019
Judgment of: STEWART J
Date of judgment: 14 December 2020
Catchwords: PRACTICE AND PROCEDURE – application seeking leave to appeal against orders made by the Federal Circuit Court of Australia – where appellant failed to appear – whether application should be dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) – whether appellant had proper notice of listing – application dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 17A Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A), 24(1D)(ca) Federal Court Rules 2011 (Cth) rr 11.01(5), 35.33(1)(a)(i), 36.74(1)
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: 14 December 2020
Counsel for the Appellant: The appellant did not appear
Counsel for the Respondent: G Johnson
Solicitor for the Respondent: MinterEllison
ORDERS NSD 2104 of 2019
BETWEEN: SUSAN KANA NANDUTU Appellant
AND: SIMON CHAPMAN Respondent
order made by: STEWART J DATE OF ORDER: 14 DECEMBER 2020
THE COURT ORDERS THAT:
1. The appellant's application for leave to appeal from an order of the Federal Circuit Court is dismissed. 2. The appellant is to pay the respondent's costs as agreed or taxed. 3. On or before 18 December 2020 the respondent is to file an application under r 36.74(1) of the Federal Court Rules 2011 (Cth) in relation to the appellant's appeal from the orders of the Federal Circuit Court given in Nandutu v Chapman (No 2) [2019] FCCA 3718. 4. The respondent is to serve the application referred to at Order 3 above and these orders by sending them to the email addresses and to the PO Box postal address of the appellant on record. 5. The respondent's application referred to at Order 3 above is listed for hearing before Justice Stewart at 9.30 am on 29 January 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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