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)
VID 979 of 2007
FINKELSTEIN, JACOBSON AND GORDON JJ
5 MAY 2008
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
RODERICK NEIL SALFINGER Appellant
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AND: |
NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) First Respondent
STATE OF QUEENSLAND Second Respondent
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FINKELSTEIN, JACOBSON AND GORDON JJ |
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DATE OF ORDER: |
5 MAY 2008 |
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WHERE MADE: |
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.
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 979 of 2007 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
RODERICK NEIL SALFINGER Appellant
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AND: |
NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) First Respondent
STATE OF QUEENSLAND Second Respondent
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JUDGES: |
FINKELSTEIN, JACOBSON AND GORDON JJ |
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DATE: |
5 MAY 2008 |
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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.
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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
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 979 of 2007 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
RODERICK NEIL SALFINGER Appellant
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AND: |
NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) First Respondent
STATE OF QUEENSLAND Second Respondent
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JUDGES: |
FINKELSTEIN, JACOBSON AND GORDON JJ |
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DATE: |
5 MAY 2008 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
JACOBSON J
2 I agree.
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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
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 979 of 2007 |
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ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
RODERICK NEIL SALFINGER Appellant
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AND: |
NIUGINI MINING (AUSTRALIA) PTY LTD (ACN 011 060 898) First Respondent
STATE OF QUEENSLAND Second Respondent
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JUDGES: |
FINKELSTEIN, JACOBSON AND GORDON JJ |
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DATE: |
5 MAY 2008 |
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PLACE: |
MELBOURNE |
REASONS FOR JUDGMENT
GORDON J
3 I agree.
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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
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No appearance for the Appellant |
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Counsel for the First Respondent: |
Mr M T Brady |
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Solicitor for the First Respondent: |
Blake Dawson |
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Counsel for the Second Respondent: |
Mr G Gibson QC Mr D O'Brien |
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Solicitor for the Second Respondent: |
Crown Law |
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Date of Hearing: |
5 May 2008 |
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Date of Judgment: |
5 May 2008 |
