Federal Court of Australia
A
CATCHWORODS
DEFENCE - Air Force - officer - termination of appointment -
natural justice ~ appointment "during pleasure".
PRACTICE AND PROCEDURE - striking out statement of claim -
amendment - declaration sought obscure in effect.
Judiciary Act, 5.44 Federal Court Ruies, o.11 r.16 Air Force Requlations, reg.628(1)
BRIAN WILLIAM FATTON
Vv.
THE HONCGURABLE KIM CHRISTIAN BEAZLEY, MINISTEP OF STATE FOR DEFENCE AND THE CCMMONWEALTH OF AUSTRALIA
NSW G427 OF 1984
PINCUS J. BRISSANE 1i SEPTEMBER 1985
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IN THE FEDERAL COURT OF AUSTRALIA } NEW SQUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN :
BRIAN WILLTAM PATTON
Applicant AND:
THE HONOURABLE KIM CHRISTIAN BEAZLEY, MINISTER OF STATE FOR DEFENCE AND THE COMMONWEALTH OF AUSTRALIA
Respondents
MINUTES OF ORDER
JUDGE MAKING ORDER:
PINCUS J.
DATE OF ORDER: ll SEPTEMBER 1985 WHERE MADE: BRISBANE
THE COUPT ORDERS THAT:
1. The amendment sought be refused.
2. The statement of claim be struck out in its entirety.
3. The costs of and
incidental to this application and order be taxed and paid by the applicant, Mr Patton.
NOTE: of the Federal Court Rules.
NSW G427 of 1984
Settlement and entry of orders is dealt with in Order 36
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IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) NSW G427 of 1984 GENERAL DIVISION ) BETWEEN :
BRIAN WILLTAM PATTON
Applicant AND:
THE HONOUPABLE KIM CHRISTIAN BEAZLEY, MINISTER OF STATE FOR DEFENCE AND THE COMMONWEALTH OF AUSTRALIA
Respondents
PINCUS J. 11 SEPTEMBER 1985
PEASONS FOR JULGMENT
The applicant instituted these proceedings by a writ issued out of the High Court of Australia. Afters certain steos wer2 taken, Mason Jd. ordered that the further hearing of the matter be yemitted to this Court pursuant to s.44 of the Judiciarv Act 1903. The respondent subsequently applied for an order that the amended statement of claim of the applicant be "dismissed" on the ground that it disclosed no reasonable cause of action. I assume that what was intended was to apply that the pleading be struck cut under o.11 rF.16. The basis of the application was simply that, if all the allegations in the
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