Ray v Perrett (No. 3) [2008] FCA 419 (27 March 2008)

Last Updated: 3 April 2008

FEDERAL COURT OF AUSTRALIA

Ray v Perrett (No. 3) [2008] FCA 419

GREG RAY v PAUL PERRETT
NSD 1975 OF 2007

GRAHAM J
27 MARCH 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1975 OF 2007

BETWEEN:	GREG RAY Applicant
AND:	PAUL PERRETT Respondent

JUDGE:	GRAHAM J
DATE OF ORDER:	27 MARCH 2008
WHERE MADE:	SYDNEY

THE COURT:

1. Notes that the respondent appears in person.











Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1975 OF 2007

BETWEEN:	GREG RAY Applicant
AND:	PAUL PERRETT Respondent

JUDGE:	GRAHAM J
DATE:	27 MARCH 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 It is now shortly before 11:30 am on Thursday 27 March 2008. The matter listed before the Court today is matter number NSD 1975 of 2007, Greg Ray v Paul Perrett. When the matter was called an appearance was announced by Mr Golledge of counsel for the applicant. A gentleman who was then at the bar table indicated to the Court that he was ‘the party known as "Paul" in this matter’, and he invited the Court to call him ‘Paul’.

2 It was made clear to the gentleman that he could not be recognised by the Court as having a right to appear unless he had an interest in the proceedings and was prepared to identify himself.

3 He was shown a copy of the Creditor’s Petition filed 12 July 2007 and invited to look at the first page thereof, which referred to a person called Paul Perrett as being the respondent and showed that person having the address 159 Narrowneck Road, Katoomba.

4 The Court’s file includes a Notice of Motion filed 8 October 2007, which was filed for Paul John Perrett of 159 Narrowneck Road, Katoomba. That document bears on its third page a signature above the words ‘PAUL JOHN PERRETT, RESPONDENT’, which have been added to the document in handwriting.

5 The Court’s file also includes an Amended Notice of Motion filed 16 October 2007 which bears a signature above the words in handwriting, ‘PAUL JOHN PERRETT, RESPONDENT’. That document is recorded as having been filed for Paul John Perret (sic) of 159 Narrowneck Road, Katoomba.

6 Each of these documents bearing a signature has been shown to the gentleman at the bar table with the request that he identify whether the signature appearing above the words ‘Paul John Perrett’ is his signature. In respect of each document he has declined to respond to that question. He has, however, acknowledged that the handwriting appearing in a blue-mauve coloured ink at the foot of the appearance slip for 27 March 2008 in this matter is his handwriting. That handwriting records against the word ‘Counsel’ for the first respondent, ‘PAUL-JOHN: PERRETT’, and against the indication for a telephone number, the telephone number ‘0408 122 197’. There is also indicated in respect of the first respondent a dash against the word ‘Email’ and a dash against the word ‘Solicitor’.

7 In the light of the acknowledgement by the person, who will not inform the Court that he is Paul Perrett, the respondent named in the proceedings, or Paul John Perrett, it has become necessary for the Court to determine whether or not the gentleman at the bar table may be heard. Given his indication to the Court that the handwriting on the appearance slip providing details of the first respondent is his handwriting, I am satisfied that the person who wants only to be known as ‘Paul’, whom he describes as ‘the party known as "Paul" in this matter’, is indeed Paul John Perrett and I will hear any submissions that he may properly make to the Court in relation to the issues which arise.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Graham.

Associate:

Dated: 31 March 2008

Counsel for the Applicant:	S M Golledge
Solicitor for the Applicant:	Freehills
The respondent appeared in person.

Date of Hearing:	27 March 2008
Date of Judgment:	27 March 2008