FEDERAL COURT OF AUSTRALIA
Shephard v Driver [2003] FCA 1461
DEREK GEORGE SHEPHARD v ROLF DRIVER, FEDERAL MAGISTRATE & ANOR
N1544 OF 2003
EMMETT J
14 NOVEMBER 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N1544 OF 2003 |
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BETWEEN: |
DEREK GEORGE SHEPHARD APPLICANT
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AND: |
ROLF DRIVER, FEDERAL MAGISTRATE FIRST RESPONDENT
CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED ACN 002 687 961 SECOND RESPONDENT
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EMMETT J |
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DATE OF ORDER: |
14 NOVEMBER 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. the application be dismissed.
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 |
N1544 OF 2003 |
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BETWEEN: |
DEREK GEORGE SHEPHARD APPLICANT
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AND: |
ROLF DRIVER, FEDERAL MAGISTRATE FIRST RESPONDENT
CHIQUITA BRANDS (SOUTH PACIFIC) LIMITED ACN 002 687 961 SECOND RESPONDENT
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JUDGE: |
EMMETT J |
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DATE: |
14 NOVEMBER 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter, the applicant seeks relief against a Federal Magistrate on the basis of the failure of the Magistrate to disqualify himself from hearing a proceeding under the Bankruptcy Act 1966 (Cth). When the matter was called on for hearing today, there was no appearance for the applicant. Accordingly, I order that the application be dismissed.
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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 Emmett. |
Associate:
Dated: 10 December 2003
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Counsel for the Applicant: |
No appearance |
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Counsel for the Second Respondent: |
No appearance |
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Date of Hearing: |
14 November 2003 |
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Date of Judgment: |
14 November 2003 |
