Croker v Deputy Registrar of the High Court

[2002] FCA 1117

FEDERAL COURT OF AUSTRALIA

Croker v Deputy Registrar of the High Court [2002] FCA 1117

CLAYTON ROBERT CROKER v DEPUTY REGISTRAR OF THE HIGH COURT OF AUSTRALIA and GEORGE CHALLONER

N 1402 of 2001

BEAUMONT J
10 SEPTEMBER 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1402 OF 2001

ON APPLICATION FOR LEAVE TO APPEAL

BETWEEN:

CLAYTON ROBERT CROKER
APPLICANT

AND:

DEPUTY REGISTRAR OF THE HIGH COURT OF AUSTRALIA
FIRST RESPONDENT

GEORGE CHALLONER
SECOND RESPONDENT

JUDGE:

BEAUMONT J

DATE OF ORDER:

10 SEPTEMBER 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The application be stood over before me on 4 October 2002 at 10.00 am.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1402 OF 2001

ON APPLICATION FOR LEAVE TO APPEAL

BETWEEN:

CLAYTON ROBERT CROKER
APPLICANT

AND:

DEPUTY REGISTRAR OF THE HIGH COURT OF AUSTRALIA
FIRST RESPONDENT

GEORGE CHALLONER
SECOND RESPONDENT

JUDGE:	BEAUMONT
DATE:	10 SEPTEMBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(ON APPLICATION FOR LEAVE TO APPEAL)

1. The applicant, Clayton Robert Croker applies for leave to appeal from the following orders made by a Judge of the Court:

   “1.the cost of photocopying charged to the applicant by the Court in respect of the copying of documents produced on subpoena or request to third parties be reduced to 50 cents per page;

   2.leave be granted to the applicant to place on the documents produced upon subpoena or request to third parties, coloured stickers or other markers, affixed by clear tape or staples to those documents, such placement and affixing to be done in the presence of an officer of the Court;

   3.leave be granted to the applicant at the hearing of the proceedings to tender such marked documents in original form and the applicant be relieved from annexing those marked documents to any affidavit which he is otherwise directed to file;

   4.the applicant file any further affidavit evidence and a list of the documents which he proposes to tender on or before 4pm 2 September 2002;

   5.…

   6.the matter be stood over for directions to 10 September 2002 at 9.30am;…”

2. Mr Croker contends that, since he is a recipient of an Australian Government Disability Support Pension and holds a relevant Disability Pension Card, he is exempt from photocopying fees by reason of the provisions of Reg 2(1) and (4) of the Federal Court of Australia Regulations 1978 (Cth).

3. In my opinion, Mr Croker’s point is premature at this stage. I am not satisfied that Mr Croker can show a real need to photocopy any material. However, I propose to give him an opportunity to demonstrate this to the satisfaction of the docket Judge, who has control of the management of the litigation.

4. Accordingly, this application is stood over before me on 4 October 2002.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Beaumont.

Associate:

Dated:            10 September 2002

Solicitor for the Applicant:	Appeared in Person
Solicitor for the Respondent:	Ms T. Thompson
Date of Hearing:	6 and 9 September 2002
Date of Judgment:	10 September 2002