Davies v Australian Postal Corporation

[2005] FCA 338

FEDERAL COURT OF AUSTRALIA

Davies v Australian Postal Corporation [2005] FCA 338

SUZANNE M DAVIES v AUSTRALIAN POSTAL CORPORATION
NSD 1752 of 2004

ALLSOP J
30 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1752 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SUZANNE M DAVIES APPLICANT
AND:	AUSTRALIAN POSTAL CORPORATION RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	30 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with no order as to costs.

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	NSD 1752 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	SUZANNE M DAVIES APPLICANT
AND:	AUSTRALIAN POSTAL CORPORATION RESPONDENT

JUDGE:	ALLSOP J
DATE:	30 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter, the applicant, Ms Davies, has filed an application for an extension of time to file and serve a notice of appeal from a decision of a Judge of this Court given in April 2002. 

2. Inquiries made by my associate indicate that the application has not been served on the respondent. 

3. On 21 January 2005 my associate sent to Ms Davies at the address shown on her application a letter which stated, amongst other things:

   I advise that his Honour has listed the application for hearing on Wednesday, 30 March 2005 at 9.30 am.

4. No appearance has been made by the applicant.  I have had the matter called three times outside.

5. In all the circumstances, I dismiss the application and I make no order as to costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop .

Associate:

Dated: 5 April 2005

No appearance by the Applicant:
Date of Hearing:	30 March 2005
Date of Judgment:	30 March 2005