Doukidis, E.G. v Consolidated Constructions Pty Ltd & Anor [1988] FCA 157

Doukidis, E.G. v Consolidated Constructions Pty Ltd & Anor [1988] FCA 157

A single judge does not have jurisdiction to make a consent order disposing of an appeal; such jurisdiction is vested in a Full Court pursuant to Federal Court of Australia Act s 25(1).

Parties
Appellant: Emmanuel George Doukidis; First Respondent: Consolidated Constructions Pty Ltd; Second Respondent: Peter Michael Melsom as Trustee of the Estate of Emmanuel George Doukidis
Jurisdiction
Australia
Judgment Date
29 March 1988
Procedural Posture
Appeal / Post Hearing Directions
Outcome
directions hearing scheduled
Legal Topics
Composition With Creditors, Jurisdiction of the Federal Court
Bankruptcy Composition With Creditors Jurisdiction of the Federal Court

Case Brief

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Parties

Emmanuel George Doukidis

Appellant

Consolidated Constructions Pty Ltd

First Respondent

Peter Michael Melsom as Trustee of the Estate of Emmanuel George Doukidis

Second Respondent

Procedural Posture

Appeal / Post Hearing Directions

Legal Issues

  1. 1 Whether a single judge has jurisdiction to make a consent order disposing of an appeal under the Federal Court of Australia Act
  2. 2 Procedural avenues to dispose of the appeal if Full Court is required

Ratio Decidendi

A single judge does not have jurisdiction to make a consent order disposing of an appeal; such jurisdiction is vested in a Full Court pursuant to Federal Court of Australia Act s 25(1).

Court Disposition

directions hearing scheduled

Orders

  • The matter be listed for further directions on 11 April 1988 at 2.15 pm