FEDERAL COURT OF AUSTRALIA
Cristovao v Registrar Scott [2013] FCAFC 92
Citation: Cristovao v Registrar Scott [2013] FCAFC 92 Appeal from: Cristovao v Registrar Caporale [2012] FCA 1329 Parties: ROGERIO MARTINS CRISTOVAO v REGISTRAR SCOTT File number: TAD 1 of 2013 Judges: NORTH, SIOPIS AND MCKERRACHER JJ Date of judgment: 16 August 2013 Catchwords: ADMINISTRATIVE LAW – appeal from dismissal of application for judicial review – whether registrar should have accepted an irregular affidavit for filing – whether costs order made by registrar validly made – whether primary judge afforded the appellant procedural fairness Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(f), 5(1)(g), 5(1)(h)
Federal Court of Australia Act 1976 (Cth) s 35A
Federal Court Rules 2011 (Cth) rr 2.27(d), 3.04Cases cited: Conlan v Pratt (No 2) [2013] FCA 105
Director of Public Prosecutions v Marijancevic [2011] VSCA 355
Forensic Document Examiners Pty Ltd v Cristavao [2011] FCA 843
The Queen v Davison (1954) 90 CLR 353Date of hearing: 24 May 2013 Place: Perth Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 39 Counsel for the Appellant: The Appellant appeared in person Counsel for the Respondent: The Respondent did not appear, filing a submitting notice
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
TAD 1 of 2013
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROGERIO MARTINS CRISTOVAO
AppellantAND: REGISTRAR SCOTT
Respondent
JUDGES:
NORTH, SIOPIS AND MCKERRACHER JJ
DATE OF ORDER:
16 AUGUST 2013
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The appeal is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
TAD 1 of 2013
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROGERIO MARTINS CRISTOVAO
AppellantAND: REGISTRAR SCOTT
Respondent
JUDGES:
NORTH, SIOPIS AND MCKERRACHER JJ
DATE:
16 AUGUST 2013
PLACE:
PERTH
REASONS FOR JUDGMENT
THE COURT:
INTRODUCTION
Mr Cristovao seeks to appeal orders 1 and 3 of three orders made by a judge of this Court. Order 1 dismissed Mr Cristovao’s application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) of a decision of Registrar Scott on 24 December 2010 to accept an affidavit for filing. Order 3 was a related costs order. The second order which related to an application for an extension of time to appeal from another decision of a District Deputy Registrar was not the subject of appeal.
The focus then is on the decision made by Registrar Scott. This decision arose from the issue of a statutory demand by Mr Cristovao against Forensic Document Examiners Pty Ltd (ACN 118 201 157) (Forensic) seeking payment of $7,865 pursuant to the provisions of Pt 54 of the Corporations Act 2001 (Cth) (CA). The statutory demand was made in respect of a default judgment Mr Cristovao had secured in a Magistrates Court in Western Australia against Forensic. It is unnecessary to…
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- Case
- [2013] FCAFC 92
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the registrar should have accepted the affidavit, whether the costs order made by the registrar was valid, and whether the primary judge had afforded the appellant procedural fairness. The court examined the requirements for affidavits under the Evidence Act and the Federal Court Rules. It found that the registrar's decision to accept the affidavit was appropriate, and the costs order was validly made. The court also determined that the primary judge had provided the appellant with procedural fairness by allowing him to present evidence and arguments on the affidavit's validity.
The court dismissed the appeal, affirming the primary judge's decision that Mr Cristovao's application for judicial review was without merit. It held that the registrar had correctly accepted the affidavit, and the primary judge had properly exercised his discretion in ruling on the application. The court emphasised that it was not the role of the court to provide endless opportunities for litigants to refine their cases simply because they were dissatisfied with the outcome. The appeal was dismissed with the costs of the appeal being awarded against the appellant.
Orders
Orders of the court
1. The appeal is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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