Federal Court of Australia
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Action against statutory authority - Northern Territory Housing? Commission - practice and procedure - striking out statement of claim - requirement of notice and
. limitation period - claim for damages for personal injuries by tenant - whether claim for things done or omitted to be
done under Act - failure to exercise statutory power not
omission under Act
Housing Act 1959 ss. 12, 12A, 26, 31, 35
Tenancy Act s.55
Rules of the Supreme Court of the Northern Territory 0.23 r.15 ~ 029, r.4.
COLIN PETER DAVIS v. NORTHERN TERRITORY HOUSING COMMISSION
No. NTG 37 of 1983
TOOHEY, McGREGOR & FITZGERALD JJ. DARWIN
6 APRIL 1984
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY OF
)
)
) No. NTG 37 of 1983 AUSTRALIA )
)
)
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL from the Supreme Court of the Northern Territory of Australia
BETWEEN
COLIN PETER DAVIS Appellant
and
NORTHERN TERRITORY HOUSING COMMISSION
Respondent Oo R D_E R
JUDGES MAKING ORDER : Toohey, McGregor & Fitzgerald JJ. DATE OF ORDER . 6 April 1984 WHERE MADE : Darwin THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The judgment of the Supreme Court of the Northern
Territory of Australia dated 28 October 1983 striking out the statement of claim and directing that judgment be entered for the respondent be
set aside.
3. The respondent's chamber summons dated 23 September 1983 be dismissed.
4, The respondent pay the costs of the chamber summons in the Supreme Court of the Northern
Territory of Australia and the costs of this
appeal.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. NTG 37 of 1983
dd
ON APPEAL from the Supreme Court of the Northern Territory of Australia
BETWEEN
COLIN PETER DAVIS .
Appellant
and
NORTHERN TERRITORY HOUSING COMMISSION
Respondent
CORAM: Toohey, McGregor & Fitzgerald Jd.
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