Mathews, Russell Gordon Haig v Telstra Corp Ltd [1995] FCA 880

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 144 of 1995 GENERAL DIVISION ) BETWEEN : RUSSELL GORDON HAIG MATHEWS Applicant AND : TELSTRA CORPORATION LIMITED Respondent CORAM: Spender J PLACE: Brisbane DATE: 26 October 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The relief claimed in paragraphs 1 and 2 of the notice of motion of 22 September 1995 is refused. 2. The applicant pay the costs of and incidental to paragraphs 1 and 2 of the motion and the appearance by the Attorney today, to be taxed if not agreed. THE COURT GRANTS LEAVE to the applicant to amend his application by adding the relief which is specified in paragraph 3 of the notice of motion filed 22 September 1995. THE COURT ORDERS THAT the costs of Mr Mathews and Telstra Corporation Limited in respect of paragraph 3 of the motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 144 of 1995 GENERAL DIVISION ) BETWEEN : RUSSELL GORDON HAIG MATHEWS Applicant AND : TELSTRA CORPORATION LIMITED Respondent CORAM: Spender J PLACE: Brisbane DATE: 26 October 1995 REASONS FOR JUDGMENT This is an originating application which was filed by Mr Mathews on 13 September 1995. I note today that the claim for interlocutory relief in that application, namely, an interlocutory injunction restraining the respondent from disconnecting the applicant's phone until finalisation of this matter, is no longer the subject of a claim for relief by Mr Mathews. What I am concerned with today is a notice of motion filed by Mr Mathews on 22 September 1995. In that notice of motion Mr Mathews says: " On the grounds appearing in the accompanying Affidavit the applicant seeks the leave of the court to move: 1. To join Michael Lavarch as a party to this action. 2. To seek leave of the court to amend the application: