Jens Ingo Lutz Schlieske v Minister of State for Imigration and Ethnic Affairs 1987 FCA 828

JUDGMENT No. amos oA F282

ONLY

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G324 of 1987

) No. G361 of 1987 GENERAL DIVISION )

No. G324 of 1987

BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent No. G361 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: ROSS WILLIAM ROBILLIARD Respondent

Judge making order: Beaumont, J. Date order made: 3 September 1987

Where made: Sydney

THE COURT ORDERS THAT:

1. Grant leave to the applicant to amend his application and his amended statement of claim (including the joinder of parties) as he may be advised.

2. Order that the applicant pay the costs of the respondents of or occasioned by the amendments on a solicitor and client basis.

3. Grant leave to the respondents to re-open their case.

4. Stand further hearing over to a date to be fixed.

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. G324 of 1987 ) No. G361 of 1987 GENERAL DIVISION )

No. G324 of 1987

BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent No. G361 of 1987 BETWEEN: JENS INGO LUTZ SCHLIESKE Applicant AND: ROSS WILLIAM ROBILLIARD Respondent

CORAM Beaumont, J.

DATED: 3 September 1987

REASONS FOR JUDGMENT

In the course of addresses, counsel for the applicant sought leave to amend by adding the Commonwealth as a party. The respondents opposed the amendment because it was late and also because he would have called as witnesses a number of Commonwealth officers if the Commonwealth had been joined as ja party from the outset. There is force in the submission but, in

accordance with the modern practice (see e.g., Atkinson v.