Liddle, Theresa v Colonial Mutual Life Assurance Society Limited and Ors [1994] FCA 1058

JUDGMENT No. «LQ: ooo Zeone

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. OG 38 of 1994 GENERAL DIVISION ) BETWEEN 3 TERESA LIDDLE Applicant AND : COLONIAL MUTUAL LIFE ASSURANCE

SOCIETY LIMITED and PETER MORLEY First Respondents

AND : HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION Second Respondent

CORAM: Spender J PLACE: Brisbane DATE: 16 December 1994

MINUTES OF ORDER

THE COURT ORDERS THAT the costs of the first respondents be paid by the applicant, together with all reserved costs and including any costs reserved in respect of any notice of motion, those costs to be taxed if not agreed.

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

RECEIVED 16JAN 1995

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) No. QG 38 of 1994 GENERAL DIVISION )

BETWEEN : TERESA LIDDLE Applicant AND : COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED and PETER MORLEY First Respondents AND: : HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSTON Second Respondent CORAM: Spender J PLACE: Brisbane DATE: 16 December 1994

REASONS FOR JUDGMENT

This is an application for costs by the first respondents, Peter Morley and the Colonial Mutual Life Assurance Society Limited, 1n respect of proceedings QG38 of 1994. The history of the matter is contained in the various reports of listings, and the position is that Ms Liddle has throughout acted for herself, although there have been attempts by her in the course of those proceedings to have legal representation obtained in respect of the formulation of what her case was and the material on which she relied in

Support of that application.

There were, as those records of listings show, a Series of hearings where attempts were made to permit

Ms Liddle to formulate an application with affidavit material. Notwithstanding the repetition of appearances before the court, no actual resolution of that primary question was ever achieved, and on 12 August 1994 the court directed that an amended application and supplementary affidavits be filed and served by 15 September 1994. The court further ordered that if the amended application and affidavits were not filed as the court directed, then the proceedings would stand