McCauley, M. & Ors v. Hamilton Island Enterprises Pty Ltd [1987] FCA 295

CATCHWORDS

Negligence - application to strike out statement of claim as disclosing no reasonable cause of action - plaintiff suffered personal injuries as a result of helicopter crash - use of unlicensed landing site ~- whether Commonwealth could be liable.

Practice (Pleading) - application to strike out statement of claim as disclosing no reasonable cause of action - plaintiff

suffered personal injuries as a result of helicopter crash - use of unlicensed landing site ~ whether Commonwealth could be liable.

MARK BERNARD EVERARD McCAULEY v. HAMILTON ISLAND ENTERPRISES PTY. LIMITED & ORS.

No. G5 of 1987

Beaumont, J. Sydney 10 June 1987

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. LIMITED

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 fourth defendant's motion to strike out

para.18A to 182 (incl.) of the plaintiff's further

amended statement of claim) Judge making order: Beaumont, J. Date order made: 10 June 1987

Where made: Sydney

THE COURT ORDERS:

1. The fourth defendant's motion to strike out paras.

18A to 181 (inclusive) of the plaintiff's further amended statement of claim is dismissed.

2. The fourth defendant is to pay the plaintiff's costs of the motion.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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. LIMITED

First defendant

KEITH WILLIAMS (QUEENSLAND) PTY. LIMITED

Second defendant