Hahnheuser v Workcover South Australia

[2001] FCA 1441

FEDERAL COURT OF AUSTRALIA

Hahnheuser v Workcover South Australia [2001] FCA 1441

AXEL HAHNHEUSER v WORKCOVER CORPORATION OF SOUTH AUSTRALIA

Q 174 of 2001

SPENDER J
BRISBANE
12 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 174 OF 2001

BETWEEN:	AXEL HAHNHEUSER APPLICANT
AND:	WORKCOVER CORPORATION OF SOUTH AUSTRALIA RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	12 OCTOBER 2001
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The appeal by the appellant in matter Q174 of 2001 be expedited.

2.Pursuant to the direction of the Chief Justice of the Federal Court of Australia, the appeal will be listed for hearing on Tuesday 13 November 2001 at 2.15 pm, before a single Judge of the Federal Court.

3.There be no order as to costs in respect of the application for an expedited hearing.

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	Q 174 OF 2001

BETWEEN:	AXEL HAHNHEUSER APPLICANT
AND:	WORKCOVER CORPORATION OF SOUTH AUSTRALIA RESPONDENT

JUDGE:	SPENDER J
DATE:	12 OCTOBER 2001
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. In this matter Mr Hahnheuser has brought an application for a stay of a sequestration order made against him, which application was refused by Drummond J, and as well there was an application by Workcover South Australia to have Mr Hahnheuser’s appeal transferred to South Australia, which Drummond J also refused.

2. Drummond J, because of an expiry of time by video link to deal with Mr Hahnheuser’s application for an expedited hearing, was unable to deal with that application.   Workcover South Australia appeared by video link from Adelaide. 

3. It is appropriate that the application for an expedited hearing be dealt with, particularly having regard to Drummond J’s conclusions concerning the other aspects of the hearing of the appeal.  There seems to be no reason why an expedited appeal would cause prejudice to either party, and it is within the capacity of the Court to deal with Mr Hahnheuser’s appeal on an expedited basis.

4. Having indicated to the parties that I would deal with this aspect of the matter on the papers, I order that the hearing of Mr Hahnheuser’s appeal against the making of the sequestration order against him be expedited.  The appeal will be listed for hearing, in Brisbane, at 2.15 pm on Tuesday 13 November 2001.  Pursuant to a direction by the Chief Justice, the appeal will be heard then by a single Judge of the Court.

5. The preparation of the appeal books and all other matters relevant to the preparation for the hearing of the appeal will be the responsibility of the Registrar, as in the ordinary way.

6. There will be no order as to costs, in respect of this aspect of Mr Hahnheuser’s application.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender.

Associate:

Dated:             12 October 2001

The Applicant appeared on his own behalf
Counsel for the Respondent:	Mr J. Sproles
Solicitor for the Respondent:	Thomson Playford
Date of Hearing:	12 October 2001
Date of Judgment:	12 October 2001