Kanak, Dominic Wy v ICI Australia Limited [1995] FCA 1019

CATCHWORDS PRACTICE AND PROCEDURE - summary dismissal of proceedings - oppression proceedings under Corporations Law - no reasonable cause of action - abuse of process DOMINIC WY KANAK v ICI AUSTRALIA LIMITED No. NG 3607 of 1995 Coram:Whitlam J Place: Sydney Date: 15 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 3607 of 1995 ) GENERAL DIVISION ) IN THE MATTER OF ICI AUSTRALIA LIMITED AUSTRALIAN COMPANY NUMBER: 004 145 868 DOMINIC WY KANAK Applicant ICI AUSTRALIA LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 1 December 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 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 ) NG 3607 of 1995 ) GENERAL DIVISION ) IN THE MATTER OF ICI AUSTRALIA LIMITED AUSTRALIAN COMPANY NUMBER: 004 145 868 DOMINIC WY KANAK Applicant ICI AUSTRALIA LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 15 December 1995 REASONS FOR JUDGMENT On 1 December 1995 I made an order dismissing oppression proceedings instituted by the applicant under Part 3.4 of the Corporations Law ("the Law"). These are my reasons for making that order. The application was filed on 31 October 1995. The company was the only respondent. In addition to an order that the company be wound up, the applicant sought the following relief under pars (d), (j) and (k) of subs 260(2) of the Law: "2. An order that before winding up ICI fulfil its verbal promises made to the Darug link mob at a meeting concerning the proposed route of the Moomba to Sydney (ICI's petro chemical plant at Botany Bay) ethane gas (dedicated to making plastics) pipeline across their claimed tribal lands.