ACT Leagues Club Ltd v Australian Capital Territory Rugby League Inc & Anor [1995] FCA 571

CATCHWORDS JUDGMENT ON ADMISSIONS: defendants' counter-claim for possession - no defence to counter-claim filed by plaintiff - plaintiff not out of time to file pleading - whether defendants had a clear entitlement to an order for possession under 0 35 r 6 of the Rules of the Supreme Court of the Australian Capital Territory - whether all issues considered by the Court - whether application attended with sufficient doubt Rules of the Supreme Court of the Australian Capital Territory O 35 r 6 In the Matter of the Trade Marks Act 1955-1958 and In the Matter of the Registered Trade Marks "Certina" and "Certina DS" (1970) 44 ALJR 191 Faith Shipping Co. S.A. v. The Ship Mardina Importer and Anor (1982) 56 ALJR 838 Gilbert v. Smith [1876] 2 Ch D 686 ACT Leagues Club Limited v Australian Capital Territory Rugby League Incorporated and Canberra District Rugby League Football Club Limited No ACT G 26 of 1995 Higgins, Tamberlin, Kiefel JJ. Canberra 2 August 1995

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION No. ACT G 26 of 1995 On appeal from the Supreme Court of the Australian Capital Territory BETWEEN: ACT LEAGUES CLUB LIMITED Appellant AND: AUSTRALIAN CAPITAL TERRITORY RUGBY LEAGUE INCORPORATED First Respondent AND: CANBERRA DISTRICT RUGBY LEAGUE FOOTBALL CLUB LIMITED Second Respondent BEFORE: Higgins, Tamberlin, Kiefel JJ. PLACE: Canberra DATE: 2 August 1995 MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The appeal be allowed. 2. There be no order as to costs on the appeal or on the hearing of the motion at first instance. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION No. ACT G 26 of 1995 On appeal from the Supreme Court of the Australian Capital Territory BETWEEN: ACT LEAGUES CLUB LIMITED Appellant AND: AUSTRALIAN CAPITAL TERRITORY RUGBY LEAGUE INCORPORATED First Respondent AND: CANBERRA DISTRICT RUGBY LEAGUE FOOTBALL CLUB LIMITED Second Respondent BEFORE: Higgins, Tamberlin, Kiefel JJ. PLACE: Canberra DATE: 2 August 1995 REASONS FOR JUDGMENT (KIEFEL J.) On 17 March 1995 the primary Judge ordered that the first defendant, Australian Capital Territory Rugby League Incorporated, have possession of land described in the pleadings as "Block 1, Section 30, Division of Braddon, Australian Capital Territory". That order was made on a motion by the defendants under O. 35 r. 6 of the Rules of the Supreme Court of the Australian Capital Territory and on the basis of admissions said to be contained in a document referred to in the pleadings and in the plaintiff's answers to certain interrogatories. The plaintiff, ACT Leagues Club Limited, appeals from that decision.