Federal Court of Australia
i
~ CATCHWORDS
PRACTICE - order of Full Court of Federal Court - foreshadowed application for special leave to appeal to High Court - application for stay of order for costs made by Full Court - whether single judge has jurisdiction.
Federal Court of Australia Act 1976, s.25(1) Federal Court Rules, 0.37, r.10
Judiciary Act 1903, s.77U
Brian William Patton
v. The Honourable Kim Christian Beazley Minister of State for Defence
Qld. G33 of 1986
PINCUS J. BRISBANE 24 MARCH 1987
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G33 of 1986 GENERAL DIVISTON )
r
BETWEEN: BRIAN WILLIAM 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: 24 MARCH 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The notice of motion be dismissed; 2. The applicant pay the respondent's costs of and incidental to the notice of motion to be taxed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G33 of 1986 GENERAL DIVISTON )
r
BETWEEN: BRIAN WILLIAM PATTON Applicant
AND: THE HONOURABLE KIM CHRISTIAN BEAZLEY MINISTER OF STATE FOR DEFENCE AND
THE COMMONWEALTH OF AUSTRALIA
Respondents
PINCUS J. 24 MARCH 1987
EX TEMPORE REASONS FOR JUDGMENT
This notice of motion, filed and argued by Mr. Patton, is for orders staying the execution of an order of the Full Court
that the applicant pay costs.
The history of the matter is as follows. The applicant instituted proceedings in the High Court asking for certain relief; they were remitted to this Court under s.44 of the Judiciary Act. I gave judgment in the matter on an application made by the defendants attacking the statement of claim. I refused an amendment then sought by the present applicant and struck the statement of claim out. The applicant then appealed to the Full Court, which dismissed the appeal but with a variation of
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