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[2000] FCA 1955
General information, not legal advice.
Federal Court of Australia
2000-12-07
Dowsett J
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THE COURT ORDERS THAT:
BETWEEN: GAYE LUCK (FORMERLY KUPERMAN)
REASONS FOR JUDGMENT 1 On 27 October 2000 I dismissed a notice of motion filed by the present applicant. I also made a number of other ancillary orders. On 20 November the applicant filed an application for leave to appeal pursuant to O 52 r 10 and a stay. She did not indicate in that document whether she was applying to the Full Court or to a single Judge, but the matter was made returnable today in Melbourne. She was subsequently told that it would be heard before me and that she would have an opportunity to persuade me that the matter should be referred to a Full Court. She has indicated a preference for it to be heard in the Full Court, but she has not appeared today, notwithstanding the fact that it is clear that she is aware of the fact that the matter is on for hearing. 2 The motion is, in any event, well and truly out of time, and so she would need an extension of time in which to apply for leave to appeal. Given that the notice of motion is for today, that the matter has been listed before me, that facilities are available in Melbourne for her to appear and that she has not appeared to move the motion, it should be struck out. I
therefore order that the notice of motion for leave to appeal and for a stay be struck out with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.
Associate: Dated: 22 February 2001 V 393 of 2000 There was no appearance for the Applicant:
Counsel for the Second, Third & Fourth Respondents: Mr D Slatyer
Solicitor for the Second, Third & Fourth Respondents: Carter Newell
Date of Hearing: 7 December 2000
Date of Judgment: 7 December 2000
V 541 of 2000 There was no appearance for the Applicant:
Counsel for the First, Second, Third and Fourth Respondents: Mr Perry
Solicitor for the First, Second, Third and Fourth Respondents: Bowdens Lawyers
Date of Hearing: 7 December 2000
Date of Judgment: 7 December 2000
Luck
Townsville City Council