Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - summary dismissal - test to be applied - inference to be drawn from filing of affidavit by applicant resisting motion for summary dismissal, upon return date and hearing of the motion, where no directions previously given for the filing of affidavits. Federal Court Rules O 20 subr 2 (1) (b), (c) Dey v Victorian Railways Commissioners (1949) 78 CLR 62 (applied) General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 (applied) Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 (applied) Webster v Lampard (1993) 177 CLR 598 (applied) Munnings v Australian Government Solicitor (1994) 68 ALJR 169 (applied) Lonrho Plc v Fayed (No 2) [1992] 1 WLR 1 (considered) Kew Cottage & St Nicholas Parents Association Inc v Minister for Health & Community Services (unreported, SC Vic, No 5269 of 1995, 18 August 1995) (considered) AUSTRALIAN BUILDING INDUSTRIES PTY LIMITED v STRAMIT CORPORATION LIMITED & ANOR No QG 122 of 1997 NORTHROP, LINDGREN, LEHANE JJ 1 DECEMBER 1997 SYDNEY (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 122 of 1997
On appeal from The federal court of australia CONSTITUTED BY A SINGLE JUDGE
BETWEEN: AUSTRALIAN BUILDING INDUSTRIES PTY LIMITED (ACN 009 340 952)
AppELLANT
AND: STRAMIT CORPORATION LIMITED (acn 005 010 195)
First Respondent
DAVID THOMSON
Second Respondent
JUDGES: NORTHROP, LINDGREN, LEHANE Jj
DATE OF ORDER: 1 DECEMBER 1997
WHERE MADE: SYDNEY (HEARD IN BRISBANE)
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 1 August 1997 in proceeding QG 70 of 1997 be set aside, and in lieu thereof, it be ordered that the motion brought by the respondents in that proceeding by notice of motion filed on 27 June 1997 be dismissed and that the respondents in that proceeding pay the costs of the applicant in that proceeding of that motion. 3. The respondents pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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