Posselt, Allan John & Anor v Wolfenden, Kenneth James & Ors [1996] FCA 2

CATCHWORDS PROCEDURE - pleadings - statement of claim - striking-out - embarrassment - abuse of process - whether appropriate in the circumstances. Consul Developments v DPC Estates Pty Ltd (1975) 132 CLR 373 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405 Poseidon Ltd & anor v Adelaide Petroleum NL (1994) 179 CLR 332 Winning Appliances v Dean Appliances (1995) 32 IPR 65 ALLAN JOHN POSSELT AND LYNETTE JANICE POSSELT v KENNETH JAMES WOLFENDEN and WAYNE PATRICK WARRICK and WILLIAM ARTHUR HEADLEY and THE PRUDENTIAL ASSURANCE COMPANY LIMITED and WILLIAM WORKMAN NO. WAG 136 OF 1995 JUSTICE R D NICHOLSON PERTH 3 JANUARY 1996

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO. WAG 136 of 1995 B E T W E E N: ALLAN JOHN POSSELT AND LYNETTE JANICE POSSELT Applicants and KENNETH JAMES WOLFENDEN First Respondent and WAYNE PATRICK WARRICK Second Respondent and WILLIAM ARTHUR HEADLEY Third Respondent THE PRUDENTIAL ASSURANCE COMPANY LIMITED Fourth Respondent WILLIAM WORKMAN Fifth Respondent MINUTE OF ORDER JUDGE MAKING ORDER: JUSTICE R D NICHOLSON DATE OF ORDER: 3 JANUARY 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. Paragraphs 1 and 2 of the fourth respondent's motion dated 18 December 1995 be dismissed. 2. The fourth respondent pay the applicants' costs of an incidental to the hearing of paragraphs 1 and 2 of the fourth respondent's motion dated 18 December 1995. 3. The directions made on 15 December 1995 be maintained. 4. The fifth paragraph of the fourth respondent's motion dated 18 December 1995 be stood over for hearing at a date to be fixed upon application on behalf of the fourth respondent. 5. There be liberty to the fifth respondent to apply in respect of costs on the hearing of paragraphs 1 and 2 of the fourth respondent's motion dated 18 December 1995. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.