Jess v Scott

[1986] FCA 473

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CATCHWORDS 1

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FEDERAL COURT PRACTICE & PROCEDURE - Federal Court pules - Extension -0.f time for filing notice of appeal to Full :Court -

Effect of solicitor's error - Meaning in Order 52 Rule J5(2) ,of

"the Court or a Judge for special reasons may at any t+me give leave to file and serve a notice of appeal" - Width of Court's

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Federal Court Rules Order 52, Rule 15(2) I

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Gatti v. Shoosmith C19391 1 Ch. 841 I

Salter Rex & Co. v. Ghosh C19711 2 Q.B. 597 -- :

Regina v. Secretary of State for the Home Department, Ex parte

Mehta C19751 1 W.L.R. 1087 --

Palata Investments Ltd v. Burt	& Sinfield Ltd C19851 2 'All E.R.
517

Hughes v. National Trustees Executors	& Agency Co. of Australasia
Ltd. C19781 V.R. 257

Outboard Marine Australia Pty Ltd v. Byrnes C19741 1 NLS.1V.L.R.

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JESS -V- SCOTT & ORS.

NSW 1.23 of 1986

Lockhart, Sheppard	& Burchett JJ.
Sydney
4 November 1986

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Id THE FEDERAL COURT OF AUSTRALIA 1

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NEW SOUTH WALES DISTRICT REGISTRY 1 No. 1.23 of 1986

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INDUSTRIAL DIVISION 1

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I BETWEEN:

MICHAEL PATRICK JESS

Applicant

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and

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AMALGAMATED METALS

FOUNDRY & SHIPWRIGHTS'

UNION

Respondents

MINUTE OF ORDER OF THE COURT

Judges 'Making Order:	Lockhart. Sheppard & Burchett JJ.
Date of lorder:	14 October, 1986
Sydney

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THE COURT ORDERS THAT:

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Upon the condition that the respondents' costs of the

motion are paid by the solicitor for the applicant time i

for filing and service of a notice of appeal be extended I =

until 14 August 1986 and that the filing and service	of
a notice of appeal which took place on that date	be

taken to have been a sufficient compliance with this

order.

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NOTE :

Settlement and entry of orders is dealt with by Order 36

of the Federal Court Rules.

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!	IN THE	FEDERAL	COURT	OF AUSTRALIA	1
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NEW SOUTH WALES DISTRICT REGISTRY	1	No. 1.23 of 1986	!
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I DIV SION INDUSTRIAL ---l

i BETWEEN :

MICHAEL PATRICK JESS

Applicant

- AND :

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AMALGAMATED METALS

FOUNDRY & SHIPWRIGHTS'

UNION

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Respondents

Coram: Lockhart, Sheppard & Burchett JJ.

- Date: 4 November 1986

REASONS FOR JUDGMENT

THE COURT

On 23 July 1986 Wilcox J. delivered judgment dismissing

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two proceedings brought by the applicant and ordering him to pay

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I to the respondents their costs of one of the proceedings. The

! applicant's solicitor received, in due time, instructions to file

1 and serve a Notice of Appeal to a Full…