Linfox Transport (Australia) Pty Ltd & Anor v Toohey [2004] VSCA 122

(a) That the appeal in proceeding No.3714 of 2004 is on foot.

(b) That notice of appeal was duly served on the solicitors for the respondent on 8 April 2004.

2. The court directs that the appeal be given such expedition as the Registrar can afford it.

3. The court orders that the costs of the applicants and the respondent of and incidental to the summons filed on 13 May 2004 on behalf of the applicants be costs in the appeal.

[1] Unreported, Full Court, 13 December 1991.

[2] Unreported, Full Court, 7 October 1994.

[3] [1997] 1 V.R. 364.

[4] [1998] 2 V.R. 427.

[6] Three others may be mentioned. First, s.51, stating the orders which the Supreme Court (that is the Court of Appeal) may make on appeal, precedes, illogically, s.52, which confers the right of appeal and, impliedly, the jurisdiction to hear and determine appeals. Secondly, assuming that s.51(1) is wide enough to authorise the Court of Appeal to order that a proceeding be remitted to the County Court for further hearing, sub-s.(8) seems unnecessary. In any event, review by the County Court is not necessary on the making of every determination by the Court of Appeal. Thirdly, the point of, indeed the cross-reference in, sub-s.(5) seem to defy explanation.

[8] [1988] FCA 339; (1998) 19 FCR 477.

[9] [1998] FCA 341; (1998) 82 FCR 468.

[10] (1978) 54 L.G.R.A. 323.

[12] As to which see Director of Public Prosecutions v. His Honour Judge Fricke [1993] VicRp 27; [1993] 1 V.R. 369 at 372.

[13] [1993] VicRp 23; [1993] 1 V.R. 315 at 330.

[15] [1989] VicRp 18; [1989] V.R. 197 at 198-19.

[16] (1997) 1 V.R. 364 at 370.