LIMITED DISTRIBUTION
CATCHWORDS
PRACTICE and PROCEDURE - application for leave to appeal from a single judge of NSW Court of Appeal - whether Federal Court has jurisdiction to entertain application - no discussion of legal principles.
ROY ALAN EMMERTON v
DAVID ROBERTS, JOHN ALEXANDER MANN, DAVID JOHN GILES,
HERBERT HUGO WELLER, t/as 'ROBERT MANN DAVIES'
First Respondents
ALBERT JAMES DE MONTFORD AND THE PARTNERS OF SLY & WEIGALL
t/as 'SLY & WEIGALL'
Second Respondent
JOHN CAVELL HARRIS, JOHN REGINALD CAVELL HARRIS,
PAUL THOMAS HAYSON, GREGORY STEWART MITCHELL,
STEVEN CLEVE REMINGTON and IAN MITCHELL SMITH
t/as 'HARRIS & COMPANY'
Third Respondents
No NG 134 of 1995
Tamberlin J
Sydney
20 April 1995
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY) No. NG 134 of 1995
GENERAL DIVISION )
BETWEEN: ROY ALAN EMMERTON
Applicant
AND: DAVID ROBERTS
JOHN ALEXANDER MANN
DAVID JOHN GILES
HERBERT HUGO WELLER
t/as 'ROBERTS MANN DAVIES'
First Respondents
ALBERT JAMES DE MONTFORD
AND THE PARTNERS OF
SLY & WEIGALL t/as
'SLY & WEIGALL'
Second Respondents
JOHN CAVELL HARRIS
JOHN REGINALD CAVELL HARRIS
PAUL THOMAS HAYSON
GREGORY STEWART MITCHELL
STEVEN CLEVE REMINGTON
IAN MICHAEL SMITH
t/as 'HARRIS & COMPANY'
Third Respondents
CORAM: TAMBERLIN J
PLACE: SYDNEY
DATED: 20 APRIL 1995
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed.
2. The applicant pay the respondents' costs.
NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY) No. NG 134 of 1995 GENERAL DIVISION )
BETWEEN: ROY ALAN EMMERTON
Applicant
AND: DAVID ROBERTS
JOHN ALEXANDER MANN
DAVID JOHN GILES
HERBERT HUGO WELLER
t/as 'ROBERTS MANN DAVIES'
First Respondents
ALBERT JAMES DE MONTFORD
AND THE PARTNERS OF
SLY & WEIGALL t/as
'SLY & WEIGALL'
Second Respondents
JOHN CAVELL HARRIS
JOHN REGINALD CAVELL HARRIS
PAUL THOMAS HAYSON
GREGORY STEWART MITCHELL
STEVEN CLEVE REMINGTON
IAN MICHAEL SMITH
t/as 'HARRIS & COMPANY'
Third Respondents
CORAM: TAMBERLIN J
PLACE: SYDNEY
DATED: 20 APRIL 1995
REASONS FOR JUDGMENT
In this matter the applicant, Mr Roy Alan Emmerton, has made an application for leave to appeal from a judgment of Meagher JA,the New South Wales Court of Appeal, given on 27 February 1995, in which his Honour refused an application for a stay of proceedings and made orders on the notice of motion of the respondent solicitors of 4 January 1995 as requested in that notice of motion. The notice of motion by Mr Emmerton of 21 January 1995 was dismissed with costs.
I am satisfied in this matter that this court does not have jurisdiction to entertain the application for leave to appeal from the judgment of Meagher JA. This application was lodged on a completely misconceived basis. Accordingly, I dismiss the application for leave to appeal on the ground that there is no jurisdiction in this court to entertain it. The applicant shall pay the respondent's costs.
I certify that this and
the preceding one (1)
page is a true copy of the
Reasons for Judgment herein of
his Honour Justice Tamberlin.
Associate:
Date: 20 April 1995
For Applicant: Mr R A Emmerton appeared in person
Counsel for Respondents: Mr P H Greenwood
Solicitors for Respondents: Minter Ellison
Date of Hearing: 20 April 1995
Date Judgment Delivered: 20 April 1995
