Salfinger v Niugini Mining (Australia) Pty Ltd (No 2)

[2008] FCAFC 103

FEDERAL COURT OF AUSTRALIA

Salfinger v Niugini Mining (Australia) Pty Ltd (No 2) [2008] FCAFC 103

PRACTICE AND PROCEDURE – appeal – no appearance by appellant – appeal dismissed

Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)

RODERICK NEIL SALFINGER v NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) and STATE OF QUEENSLAND

VID 979 of 2007

FINKELSTEIN, JACOBSON AND GORDON JJ
5 MAY 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 979 of 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RODERICK NEIL SALFINGER
Appellant

AND:

NIUGINI MINING (AUSTRALIA) PTY LTD
(ACN 011 060 898)
First Respondent

STATE OF QUEENSLAND
Second Respondent

JUDGES:	FINKELSTEIN, JACOBSON AND GORDON JJ
DATE OF ORDER:	5 MAY 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondents’ costs of the appeal, such costs to be taxed on an indemnity basis.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 979 of 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RODERICK NEIL SALFINGER
Appellant

AND:

NIUGINI MINING (AUSTRALIA) PTY LTD
(ACN 011 060 898)
First Respondent

STATE OF QUEENSLAND
Second Respondent

JUDGES:	FINKELSTEIN, JACOBSON AND GORDON JJ
DATE:	5 MAY 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

FINKELSTEIN J

1. The appeal having been called on and there being no appearance by the appellant I would order that the appeal be dismissed with costs: see s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). In virtue of the fact that the appeal seemed to me to be nigh on hopeless, I would order the costs to be paid on an indemnity basis.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Finkelstein.

Associate:

Dated:        10 June 2008

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 979 of 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RODERICK NEIL SALFINGER
Appellant

AND:

NIUGINI MINING (AUSTRALIA) PTY LTD
(ACN 011 060 898)
First Respondent

STATE OF QUEENSLAND
Second Respondent

JUDGES:	FINKELSTEIN, JACOBSON AND GORDON JJ
DATE:	5 MAY 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

JACOBSON J

1. I agree.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:        10 June 2008

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 979 of 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RODERICK NEIL SALFINGER
Appellant

AND:

NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898)
First Respondent

STATE OF QUEENSLAND
Second Respondent

JUDGES:	FINKELSTEIN, JACOBSON AND GORDON JJ
DATE:	5 MAY 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

GORDON J

1. I agree.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gordon.

Associate:

Dated:        10 June 2008

No appearance for the Appellant
Counsel for the First Respondent:	Mr M T Brady
Solicitor for the First Respondent:	Blake Dawson
Counsel for the Second Respondent:	Mr G Gibson QC Mr D O'Brien
Solicitor for the Second Respondent:	Crown Law

Date of Hearing:	5 May 2008
Date of Judgment:	5 May 2008