Trans Atlantic Freight Services Pty Ltd (ACN 001 015 292) v Olympic Airways SA (ARBN 000 931 626)

[1991] FCA 630

IN THE FEDERAL COURT OF AUSTWIA )

1

NEW SOU TH WALES DISTRICT REGISTRY ) NO G389 of 1991

1

BNERAL DIVISION 1

I.

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	TRANS ATLANTIC FREIGHT SERVICES
PTY LIMITED A.C.N. 001 015 292  i

- I .

Appellant L

AND :	OLYMPIC AIRWAYS SA A.R.B.N. OOQ	!
Respondent

CORAM: DAVIES, HILL AND HEEREY JJ

PLACE : SYDNEY RECEIVED

DATED:  4 OCTOBER 1991 28 OCT 1997

EDERAL COURT OF

A U S N

EX TEMPORE REASONS FOR JUDGMENT

THE COURT:

This is an application to adjourn

has been set down for hearing this day.	No purpose would be	I -
l '

served in adjourning the matter as the appeal is not well	i
founded. The appeal is from a decision of Burchett J who	. .
dismissed an application to extend the time to appeal from an	, I
order made by Gummow J in 1988.
In hearing the application for extension of time, Burchett J was exercising the appellate jurisdiction of the	8 .
court. Application for an extension of time to appeal may be	r
I.

made either to a single judge or to a full court. In the . ,

present case, it was made to a single judge but that judge,

nevertheless, exercised the appellate jurisdiction of the	I
b -

court.	It was established in Thomas Borthwick and Sons	i :	t .
_[Pacific	Holdinas) Limited v Trade Practices Comnission 119881	)..

79 ALR 171 that there can be no appeal from a decision of a single judge who has exercised the appellate jurisdiction of the court.

-

The court, in the Thomas Borthwick Case, was constituted by Bowen CJ and Lockhart and Sheppard JJ and that case must be followed. As this appeal is wrongly brought and as the full court has no jurisdiction, no purpose whatsoever would be served in adjourning it and so gi;ing Mr Adamopoulos further time to collect his thoughts and put the matters which he wants to put. They are not matters which the full court

can consider in this proceeding.

Accordingly, the appeal is dismissed with costs.

I certify that this and the
preceding one (1) page
are a true copy of the Reasons

for Judgment herein of

Associate: 

Date: 4 0#ber/1991

The appellant appeared in

person.

Counsel and Solicitors	Mr Debuse instructed by
for Respondent:	Minter Ellison
Date of Hearing:	4 October 1991
Date Judgment Delivered:	4 October 1991