FEDERAL COURT OF AUSTRALIA
Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 100
Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91 related
MARIO GUISEPPE v REGISTRAR OF ABORIGINAL CORPORATIONS AND BRIAN MCMASTER
NSD 2516 OF 2006
GYLES, EDMONDS, BUCHANAN JJ
5 JULY 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2516 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
MARIO GUISEPPE Appellant
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AND: |
REGISTRAR OF ABORIGINAL CORPORATIONS First Respondent
BRIAN MCMASTER Second Respondent
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GYLES, EDMONDS, BUCHANAN JJ |
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DATE OF ORDER: |
5 JULY 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
The first respondent’s decision to appoint the second respondent as administrator made on 18 July 2006 be set aside, with effect from midnight 17 July 2007.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2516 OF 2006 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
MARIO GUISEPPE Appellant
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AND: |
REGISTRAR OF ABORIGINAL CORPORATIONS First Respondent
BRIAN MCMASTER Second Respondent
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JUDGES: |
GYLES, EDMONDS, BUCHANAN JJ |
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DATE: |
5 JULY 2007 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
THE COURT:
1 On 15 June 2007 the Court delivered reasons for judgment allowing the appeal (Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91). Certain orders were made but the appeal was stood over to enable submissions to be received as to the orders for relief that ought to be made.
2 The parties have considered the situation and have agreed upon the further order that should be made. That agreement makes it unnecessary for the Court to give independent consideration to the appropriate order. The proposed order is a sensible solution to the situation. The first respondent’s decision to appoint the second respondent as administrator made on 18 July 2006 will be set aside, with effect from midnight 17 July 2007. Orders 1, 2, 5 and 6 of 15 June 2007 remain in effect.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Gyles, Edmonds and Buchanan. |
Associate:
Dated: 5 July 2007
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Counsel for the Appellant: |
Mr N Perram SC, Dr C Mantziaris |
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Solicitor for the Appellant: |
Edwin Davey Property and Environmental Lawyers |
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Counsel for the First Respondent: |
Mr P Applegarth SC, Mr D McLure |
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Solicitor for the First Respondent: |
Minter Ellison |
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Counsel for the Second Respondent: |
Mr SA Wells |
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Solicitor for the Second Respondent: |
Kemp Strang |
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Date of Judgment: |
5 July 2007 |
