Heard v CBFC Limited (No 2)

[2008] FCA 1896

FEDERAL COURT OF AUSTRALIA

Heard v CBFC Limited (No 2) [2008] FCA 1896

RUSSELL JOHN HEARD v CBFC LIMITED ACN 008 519 462

VID 655 of 2008

NORTH J
8 DECEMBER 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 655 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	RUSSELL JOHN HEARD Appellant
AND:	CBFC LIMITED ACN 008 519 462 Respondent

JUDGE:	NORTH J
DATE OF ORDER:	8 DECEMBER 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The motion, notice of which was filed on 10 November 2008 by the appellant is dismissed;

2.The appellant is to pay the respondent’s costs of the motion.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 655 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	RUSSELL JOHN HEARD Appellant
AND:	CBFC LIMITED ACN 008 519 462 Respondent

JUDGE:	NORTH J
DATE:	8 DECEMBER 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Before the Court is a motion, notice of which was filed by the appellant on 10 November 2008, requesting the reinstatement of the hearing of his appeal. That appeal was dismissed on 20 October 2008 pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) due to the non-attendance of the appellant on that day.

2. The appellant failed to appear today to support his motion, which is a consistent pattern.  For that reason, the motion will be dismissed with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:        11 December 2008

Counsel for the Appellant:	The appellant did not appear
Solicitor for the Respondent:	Ms L Rhodes of Gadens Lawyers

Date of Hearing:	8 December 2008
Date of Judgment:	8 December 2008