Hooker Corp. Ltd v The Commonwealth of Australia [1986] FCA 307

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IN THE FEDERAL COURT OF AUSTRALIA

NOT FOR GENERAL DISTRIBUTION

AUSTRALTAN CAPITAL TERRITORY

DISTRICT REGISTRY

No. ACT CG 29 of 1986

GENERAL DIVISION

BETWEEN : HOOKER CORPORATION LIMITED

Applicant AND: THE COMMONWEALTH OF AUSTRALIA

Respondent MINUTE OF ORDER JUDGE MAKING ORDER > Neaves J. DATE OF ORDER > 11 July 1986 WHERE MADE : Canberra THE COURT ORDERS THAT: i. The application for leave to appeal from judgment of the Supreme Court of the Australian Capital Territory given on 12 May 1986 be dismissed. 2. The applicant pay the respondent's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

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IN THE FRDERAL COURT OF AUSTRALTA AUSTRALIAN CAPITAL TERRITORY

No. ACT G 29 of 1986 DISTRICT REGISTRY

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GENERAL DIVISION

BETWEEN ; HOOKER CORPORATION LIMITED

Applicant AND: THE COMMONWEALTH OF AUSTRALTA

Respondent

CORAM: Neaves J.

DATE: 11 July 1986

REASONS FOR JUDGMENT

This is an application by Hooker Corporation Limited ("the applicant") for leave to appeal from a judgment of the Supreme Court of the Australian Capital Territory (Kelly J.) given on 12 May 1986 dismissing an application that the

applicant have leave to amend its statement of claim in

procecdings in that Court between the applicant and the Commonwealth of Australia ("the respondent"). The judgment being interlocutory, leave to appeal is required by

sub-s.24(1A) of the Federal Court of Australia Act 1976 (Cth).

For the purpose of this application the following facts may be accepted. The applicant is the lessee from the

respondent of certain land known as Block 8, Section 35,

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2.

Division of City in the Australian Capital Territory. Clause 1(d) of the lease, which was granted under the City Area Leases Ordinance 1936 (A.C.T.), provides that the land may be used for the purpose only of commercial and professional offices and such other purposes as may he approved in writing by the Minister. By clause l(c), the applicant as lessee covenanted