Shephard v Driver

[2003] FCA 1461

FEDERAL COURT OF AUSTRALIA

Shephard v Driver [2003] FCA 1461

DEREK GEORGE SHEPHARD v ROLF DRIVER, FEDERAL MAGISTRATE & ANOR

N1544 OF 2003

EMMETT J
14 NOVEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1544 OF 2003

BETWEEN:

DEREK GEORGE SHEPHARD
APPLICANT

AND:

ROLF DRIVER, FEDERAL MAGISTRATE
FIRST RESPONDENT

CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
ACN 002 687 961
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

14 NOVEMBER 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1544 OF 2003

BETWEEN:

DEREK GEORGE SHEPHARD
APPLICANT

AND:

ROLF DRIVER, FEDERAL MAGISTRATE
FIRST RESPONDENT

CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED
ACN 002 687 961
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	14 NOVEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter, the applicant seeks relief against a Federal Magistrate on the basis of the failure of the Magistrate to disqualify himself from hearing a proceeding under the Bankruptcy Act 1966 (Cth). When the matter was called on for hearing today, there was no appearance for the applicant. Accordingly, I order that the application be dismissed.

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

Associate:

Dated:             10 December 2003

Counsel for the Applicant:	No appearance
Counsel for the Second Respondent:	No appearance
Date of Hearing:	14 November 2003
Date of Judgment:	14 November 2003