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
- AGLC
- Trans Atlantic Freight Services Pty Ltd (ACN 001 015 292) v Olympic Airways SA (ARBN 000 931 626) [1991] FCA 630
- Case
- [1991] FCA 630
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the appeal from a decision of a single judge, who has exercised the appellate jurisdiction of the court, is permissible. The court had to determine whether the appeal was correctly brought and whether the full court had jurisdiction to hear it. This issue was guided by the precedent set in Thomas Borthwick and Sons (Pacific Holdings) Limited v Trade Practices Commission, which established that there can be no appeal from a decision of a single judge exercising the appellate jurisdiction of the court.
In its judgment, the court held that the appeal was wrongly brought because it did not follow the correct procedure established by the precedent in Thomas Borthwick and Sons. The court found that since the appeal was not well-founded and the full court lacked jurisdiction, there was no purpose in adjourning the matter. The court dismissed the appeal with costs, affirming the earlier decision by Burchett J. The reasoning underscored the necessity to adhere to established legal precedents concerning the appellate jurisdiction of the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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