FEDERAL COURT OF AUSTRALIA
Sharples v Australian Electoral Commission (No 2) [2007] FCA 2103
ACD 53 OF 2007
FLICK J
11 DECEMBER 2007
CANBERRA
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IN THE FEDERAL COURT OF AUSTRALIA |
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AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY |
ACD 53 OF 2007 |
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BETWEEN: |
TERRY PATRICK SHARPLES First Applicant
THE FISHING PARTY Second Applicant
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AND: |
AUSTRALIAN ELECTORAL COMMISSION First Respondent
AUSTRALIAN FISHING & LIFESTYLE PARTY Second Respondent
KEVIN COLLINS Third Respondent
WAYNE BAYNE Fourth Respondent
ALEX WHITTEN Fifth Respondent
MALCOLM BAIRSTOW Sixth Respondent
COMMONWEALTH GOVERNMENT OF AUSTRALIA Seventh Respondent
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FLICK J |
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DATE OF ORDER: |
11 DECEMBER 2007 |
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WHERE MADE: |
CANBERRA |
THE COURT ORDERS THAT:
- Leave to appeal the orders made on 11 December 2007 in respect to Order 1 of the Notice of Motion dated 29 November 2007 be refused.
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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AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY |
ACD 53 OF 2007 |
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BETWEEN: |
TERRY PATRICK SHARPLES First Applicant
THE FISHING PARTY Second Applicant
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AND: |
AUSTRALIAN ELECTORAL COMMISSION First Respondent
AUSTRALIAN FISHING & LIFESTYLE PARTY Second Respondent
KEVIN COLLINS Third Respondent
WAYNE BAYNE Fourth Respondent
ALEX WHITTEN Fifth Respondent
MALCOLM BAIRSTOW Sixth Respondent
COMMONWEALTH GOVERNMENT OF AUSTRALIA Seventh Respondent
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JUDGE: |
FLICK J |
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DATE: |
11 DECEMBER 2007 |
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PLACE: |
CANBERRA |
REASONS FOR JUDGMENT
1 An Application is made by Mr Robert Smith, ostensibly on behalf of the Second Applicant, for leave to appeal the orders as made this afternoon in respect to the Notice of Motion dated 29 November 2007. Those orders refused to grant leave to Mr Smith to commence or carry on proceedings on behalf of the Second Applicant.
2 Leave to appeal is refused.
3 In considering whether leave should or should not be granted, consideration has been given to whether the orders are attendant with sufficient doubt as to warrant the granting of leave or whether any injustice would be incurred if leave is refused.
4 Spender J has previously directed attention to O 4 r 14 of the Federal Court Rules 1979 (Cth) and has made his orders. The Second Applicant has again been given the benefit this afternoon of adducing evidence in effect to revisit the orders made by Spender J and to again seek a favourable exercise of the discretion conferred by that rule.
5 It is not considered that there is any error in principle or any injustice suffered by refusing leave. Accordingly, leave to appeal is refused.
ORDERS
6 The orders of the Court are:
1. Leave to appeal the orders made on 11 December 2007 in respect to Order 1 of the Notice of Motion dated 29 November 2007 be refused.
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I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Flick. |
Associate:
Dated: 22 January 2008
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The First Applicant: |
Self-represented |
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Party seeking leave to appear on behalf of the Second Applicant: |
Mr R Smith |
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Counsel for the Respondent: |
Ms C Dowsett |
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Date of Hearing: |
11 December 2007 |
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Date of Judgment: |
11 December 2007 |
