Noakes, Raymond Brian v. J. Harvy Holmes & Son & Ors [1978] FCA 10

Noakes, Raymond Brian v. J. Harvy Holmes & Son & Ors [1978] FCA 10

No valid appeal had been instituted because the notice of appeal was not filed and served within the period required by the rules. The appellant was not entitled to orders as there was non-compliance with mandatory procedural requirements.

Parties
Respondent Appellant: Raymond Brian Noakes; Applicant Respondent: J. Harvy Holmes & Son & Ors.
Jurisdiction
Australia
Judgment Date
20 February 1978
Procedural Posture
Application in Appeal / Motion to Strike Out Appeal as Incompetent
Outcome
No valid appeal lodged; no appeal instituted; costs to applicant-respondent
Legal Topics
Time for Appeal, Service of Notice of Appeal, Compliance With Court Rules, Appeal Competency
Appellate Procedure Time for Appeal Service of Notice of Appeal Compliance With Court Rules Appeal Competency

Case Brief

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Parties

Raymond Brian Noakes

Respondent Appellant

J. Harvy Holmes & Son & Ors.

Applicant Respondent

Procedural Posture

Application in Appeal / Motion to Strike Out Appeal as Incompetent

Legal Issues

  1. 1 Whether a valid appeal had been instituted by the filing of the notice of appeal supported by affidavit VG3 of 1978
  2. 2 Whether the court should make any orders concerning the conduct of the appeal
  3. 3 Whether the applicant's failure to comply with strict procedural rules should affect the application

Ratio Decidendi

No valid appeal had been instituted because the notice of appeal was not filed and served within the period required by the rules. The appellant was not entitled to orders as there was non-compliance with mandatory procedural requirements.

Court Disposition

No valid appeal lodged; no appeal instituted; costs to applicant-respondent

Orders

  • Declare no valid appeal has been lodged and no appeal has been instituted by virtue of the filing of the notice of appeal supported by affidavit numbered VG3 of 1978 and filed in the Victorian Registry of the Court on 23 January 1978.
  • The costs of the applicant of this application be paid by the appellant.