Melasecca, R. & Anor v. Macauley, P. & Ors [1994] FCA 739

JUDGMENT No. ooccZcBs Zena ob Lene

) VICTORIA DISTRICT REGISTRY No VG 293 of 1993

)

)

BETWEEN:

ROBERT MELASECCA and ZYGMUNT ZAYLER Applicants

AND:

PETER MACAULEY Commissioner of the Australian Federal Police

First Respondent - and -

MALCOLM GRAY Acting Chairperson of the National Crime Authority

Second Respondent - and -

KEVIN PATRICK CONSIDINE

Third Respondent - and -

FRANK CRULCI Fourth Respondent - and -

BRIAN BARROW

Fifth Respondent - and -

CLIFFORD JOHN HOSE Sixth Respondent ~ and -

WENDY WILMOTH Seventh Respondent

CORAM: Ryan J PLACE: Melbourne DATE: 14 October 1994

17 OCT 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTAY

THE COURT ORDERS:

NOTE:

That the issue directed by Heerey J on 3 September 1993

to be tried separately be determined by declaring that

the documents numbered 17-35 inclusive in Part 2 of Schedule 1 in the list of documents sworn by Kevin Patrick Considine on 23 August 1993 and which are still the subject of an objection to their production are not

required to be produced for inspection by the applicants.

That the costs of all parties of the trial of the said

issue including the costs of the applicants' motion on

notice dated 3 September 1993 be costs in the cause.

That the directions hearing be adjourned to 18 November 1994.

Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

|

BETWEEN:

No VG 293 of 1993

ROBERT MELASECCA and ZYGMUNT ZAYLER

AND:

PETER MACAULEY

Applicants

Commissioner of the Australian Federal Police

- and ~-

MALCOLM GRAY

First Respondent

Acting Chairperson of the National Crime Authority

~ and ~

KEVIN PATRICK CONSIDINE

- and - FRANK CRULCI - and - BRIAN BARROW - and - CLIFFORD JOHN HOSE - and -

WENDY WILMOTH

Ryan J Melbourne

14 October 1994

Second Respondent

Third Respondent

Fourth Respondent

Fifth Respondent

Sixth Respondent

Seventh Respondent

-2- REASONS FOR JUDGMENT