Lawson v Stateships

[2012] FCA 491

FEDERAL COURT OF AUSTRALIA

Lawson v Stateships [2012] FCA 491

Citation:		Lawson v Stateships [2012] FCA 491
Parties:		BARRY LAWSON v STATESHIPS
File number:		WAD 24 of 2012
Judge:		GILMOUR J
Date of judgment:		8 May 2012
Date of hearing:	8 May 2012
Place:	Perth
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	4
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Mr L Tsaknis
Solicitor for the Respondent:	Cocks Macnish

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 24 of 2012

BETWEEN:	BARRY LAWSON Applicant
AND:	STATESHIPS Respondent

JUDGE:	GILMOUR J
DATE OF ORDER:	8 MAY 2012
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.That the notice of objection to competency be upheld.

2.The applicant’s oral application to amend the grounds of appeal in terms of draft grounds attached to a facsimile from him to the Court, dated 10 April 2012, be refused.

3.The appeal be dismissed.

4.The applicant pay the costs of the respondent of and incidental to the notice of objection to competency, and of the proceedings today, to be taxed if not agreed.

NOTE:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 24 of 2012

BETWEEN:	BARRY LAWSON Applicant
AND:	STATESHIP Respondent

JUDGE:	GILMOUR J
DATE:	8 MAY 2012
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The respondent filed a notice of objection to competency on 17 February 2012.  I adjourned the hearing of this on 21 February 2012 to enable the applicant to attempt to obtain legal representation and to file a proposed amended ground of appeal.  There has been quite a long background of indulgence to the applicant in his attempts to bring in tenable grounds of appeal in this matter. 

2. The applicant has, despite very considerable efforts in attempting to obtain legal representation, failed in that objective.  He nonetheless filed proposed amended grounds of appeal which I have considered, each in turn, against the reasons of the tribunal which is the subject of the present appeal.  I have also had the benefit of oral submissions this morning, both from the applicant in person and from counsel on behalf of the respondent. 

3. I am satisfied that the grounds of appeal are not capable of exposing any relevant error of law in respect to the reasons for judgment of the tribunal.  The applicant accepts this to be so.  It is appropriate that I make orders in terms of the respondent’s draft minute dated 4 May 2012. 

4. So there will be orders:

   1.That the notice of objection to competency be upheld.

   2.The applicant’s oral application to amend the grounds of appeal in terms of draft grounds attached to a facsimile from him to the Court, dated 10 April 2012, be refused.

   3.The appeal be dismissed.

   4.The applicant pay the costs of the respondent of and incidental to the notice of objection to competency, and of the proceedings today, to be taxed if not agreed.

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

Associate:

Dated:       14 May 2012