Bagshaw v Jefferson (Trustee)

[2002] FCA 955

FEDERAL COURT OF AUSTRALIA

Bagshaw v Jefferson (Trustee) [2002] FCA 955

LEITH GORDON BAGSHAW v PHILIP GREGORY JEFFERSON AND JAY ARSCOTT STEVENSON AS TRUSTEES OF THE ESTATE OF LEITH GORDON BAGSHAW

QG 7045 of 1997

DOWSETT J
26 JULY 2002
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7045 OF 1997

BETWEEN:	LEITH  GORDON BAGSHAW APPLICANT
AND:	PHILIP GREGORY JEFFERSON & JAY ARSCOTT STEVENSON AS TRUSTEES OF THE ESTATE OF LEITH GORDON BAGSHAW RESPONDENT
JUDGE:	DOWSETT J
DATE OF ORDER:	26 JULY 2002
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.        The application is dismissed.

2.        The applicant pay the respondent’s costs of the proceedings, including reserved costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 7045 OF 1997

BETWEEN:	LEITH GORDON BAGSHAW APPLICANT
AND:	PHILIP GREGORY JEFFERSON & JAY ARSCOTT STEVENSON AS TRUSTEES OF THE ESTATE OF LEITH GORDON BAGSHAW RESPONDENT

JUDGE:	DOWSETT J
DATE:	26 JULY 2002
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This matter has an extended history of procedural difficulty.  For some time now the Court has been seeking to obtain from the applicant, an address for service within this district in accordance with the Federal Court Rules.  I will not record all of the history of the matter.  It appears from the transcripts of previous hearings.  It is sufficient for present purposes to say that on 1 March this year, I extended time in which the applicant might file an address for service to 4 pm on Monday, 4 March, upon condition that prior to the expiration of that time, he file a proper notice of address for service by lodging the same in the registry of the Federal Court in Adelaide or by fax filing in the Brisbane registry on the approved fax filing number.  There was a further condition that Messrs McCarthy Durie Ryan Neil, solicitors, of 80 Old Cleveland Road, Capalaba, Queensland, forward a letter to the registry of the Federal Court in Brisbane, by fax if necessary, stating that their address was the applicant’s address for service in the proceedings and would remain so for the duration of the action unless they were released by the Court from providing that facility.  The applicant had previously indicated that the office of those solicitors was to be his address for service.  I also ordered that in the event of non-compliance with these orders, the application would stand dismissed.   

2. The applicant subsequently filed another notice of address for service but did not nominate the address of those solicitors as his address for service.  He rather nominated an address at Baulkham Hills, New South Wales.  He had previously nominated that address at which he no longer lives.  In any event, it is obviously not within the district.  At the same time, in purported satisfaction of the second condition, the solicitors in question faxed a letter to Mr Bagshaw, a copy of which was provided…