Federal Court of Australia
CATCHWORDS
Practice (Pleading) - Application to strike out pleading as
embarrassing because it pleads matters of law and not facts.
MARK BERNARD EVERARD McCCAULEY v. HAMILTON ISLAND ENTERPRISES PTY.
LIMITED & ORS
No. G5 of 1987
ty SO eta > Beaumont, J. 'met ay &
AS Sydney wee AN
10 June 1987
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) No. G5 of 1987
GENERAL DIVISION
BETWEEN :
AND:
CORAM: Beaumont, J.
DATED: 10 June 1987
) )
MARK BERNARD EVERARD MCCAULFY
Plaintiff
HAMILTON ISLAND ENTERPRISES PTY.
LIMITED
First defendant
KEITH WILLIAMS (QUEENSLAND) PTY. LIMITED
Second defendant
GREAT BARRIER REEF MARINE PARK AUTHORITY
Third defendant
THE COMMONWEALTH OF AUSTRALIA
Fourth defendant
REASONS FOR JUDGMENT
(On third defendant's motion to strike out
para.15A to 150 (incl.) of the plaintiff's further
amended statement of claim)
The background to this motion appears given on the fourth defendant's application to strike out parts of the further amended statement of claim. now moves to strike out paras.15A to 150 (inclusive) on the
ground that they are embarrassing (0.11 r.16(b)). The pleading
1s in these terms:
"15A. Further
or
in
the alternative, pursuant to
Regulation 13A(1) of the Great Barrier Reef
Marine
Park
Regulations subject to
in the reasons
The third defendant
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G5 of 1987 GENERAL DIVISION BETWEEN: MARK BERNARD EVERARD MCCAULEY Plaintiff AND: HAMILTON ISLAND ENTERPRISES PTY.
First defendant
KEITH WILLIAMS (QUEENSLAND) PTY.
LIMITED Second defendant
GREAT BARRIER REEF MARINE PARK AUTHORITY
Third defendant
THE COMMONWEALTH OF AUSTRALIA
Fourth defendant
MINUTES OF ORDER
(On third defendant's motion to strike out para.15A to 150 (incl.) of the plaintiff's further amended statement of claim)
Judge making order: Beaumont, J. Date order made: 10 June 1987
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