Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kalaba v Commonwealth of Australia [2004] FCAFC 326
PRACTICE AND PROCEDURE - Appeal - Leave To - From interlocutory judgment - Relevant considerations - Leave refused. PRIVACY - Doubt as to whether Australian law recognises a tort of privacy - Present case does not raise circumstances to raise the argument - Damages and loss too remote. TORT - Negligence - Alleged breach of duty of care - Failure by Australia Post to deliver post in timely manner - Loss and damage - Complete defence to this claim pursuant to the Australian Postal Corporation Act - Australian Postal Corporation Act (1999) s 34.
Australian Postal Corporation Act 1999 (Cth) s 34 Decor Decoration Pty Limited v Dart Industries Inc (1991) 33 FCR 397 cited Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 referred to Giller v Procopets [2004] VSC 113 cited LAZAR KALABA v COMMONWEALTH OF AUSTRALIA AND AUSTRALIAN POSTAL CORPORATION TAD 21 OF 2004 TAMBERLIN, NORTH AND DOWSETT JJ SYDNEY (ON THE PAPERS) 14 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 21 OF 2004
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: LAZAR KALABA
APPELLANT
AND: COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT
AUSTRALIAN POSTAL CORPORATION
SECOND RESPONDENT
JUDGES: TAMBERLIN, NORTH AND DOWSETT JJ
DATE OF ORDER: 14 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application for leave is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 21 OF 2004
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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