Ogawa v Colbeck

[2007] FCA 1910

FEDERAL COURT OF AUSTRALIA

Ogawa v Colbeck [2007] FCA 1910

MEGUMI OGAWA v RICHARD COLBECK AND GUY VERNEY
QUD393 OF 2007

COLLIER J
4 DECEMBER 2007
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD393 OF 2007

BETWEEN:

MEGUMI OGAWA
Applicant

AND:

RICHARD COLBECK
First Respondent

GUY VERNEY
Second Respondent

JUDGE:	COLLIER J
DATE OF ORDER:	4 DECEMBER 2007
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application commenced by notice of motion filed 19 November 2007 be dismissed.

2.The applicant pay the respondents’ costs of and incidental to today to be taxed, if not otherwise agreed.

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	QUD393 OF 2007

BETWEEN:

MEGUMI OGAWA
Applicant

AND:

RICHARD COLBECK
First Respondent

GUY VERNEY
Second Respondent

JUDGE:	COLLIER J
DATE:	4 DECEMBER 2007
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. I have before me a notice of motion filed by the applicant on 19 November 2007. The applicant seeks the following orders:

   1.   That pursuant to Order 52 rule 10(2) of the Federal Court Rules, the Applicant have leave to appeal from part of the orders of the Federal Magistrate Burnett dated 14 November 2007 and 17 October 2007 made at Brisbane.

   2.   Such and other orders that the Court thinks fit.

   3.   Cost.

2. I understand that the applicant’s substantive proceedings before Burnett FM concern an application filed by the applicant on 18 April 2007 seeking relief from a decision of the first respondent not to waive the applicant’s migration detention costs debts and legal costs debts.

3. The orders of Burnett FM of 17 October 2007 are as follows:

   1.   That the Applicant provide further and better particulars in respect to the request for further and better particulars made by the Respondent in their letter dated 23 July 2007 by 4.00 pm on 12 November 2007.

   2.   That the application be adjourned for hearing at 10.00 am on 14 November 2007 in the Federal Magistrates Court of Australia at Brisbane.

   3.   That the Applicant pay the Respondents costs of today.

   4.   That there be liberty to apply.

4. His Honour’s orders of 14 November 2007 are as follows:

   1.   That the Applicant pay the Respondents costs thrown away today.

   2.   That the Applicant file and serve any further material including submissions by 4.00 pm on 21 November 2007.

   3.   That the Respondent file and serve any affidavits and submissions by 4.00 pm on 28 November 2007.

   4.   Adjourn this matter for hearing at 10.00 am on 5 December 2007 in the Federal Magistrates Court of Australia at Brisbane.

5. These orders are clearly interlocutory orders. As is clear from O 52 r 10 Federal Court Rules, and is accepted by the applicant in her notice of motion, leave to appeal from these orders is required. I also note that O 52 r 10(2A)(b) Federal Court Rules provides that an appeal from an interlocutory judgment must be made within seven…