Ravenor Overseas Inc Readhead, Phillip Martin & Ors [1998] FCA 1363

FEDERAL COURT OF AUSTRALIA PROCEDURE – summary judgment – applicants pursuing civil claim in Federal Court – two applicants failing to appear to defend criminal proceedings in which common issue open to be raised in their defence – further applicant failing to join other proceedings in this Court which may determine claim made here – whether claim in this Court an abuse of process. Federal Court Rules, O 20 r 2, O 45 r 7 Webster v Lampard (1993) 177 CLR 598, applied Sea Culture International v Scoles (1991) 32 FCR 275, distinguished Hunter v Chief Constable of the West Midlands Police [1982] AC 529, distinguished Yat Tung Investment Co Ltd v Dao Heng Bank Ltd [1975] AC 581, distinguished Gleeson v J Wippell & Co Ltd [1977] 1 WLR 510, distinguished R v Lessur-Millar (1990) 47 A Crim R 111, distinguished RAVENOR OVERSEAS INC; FERNANDO GABRIEL MIRANDA and JAKUP ANDREAS ANDREASSEN v PHILLIP MARTIN READHEAD; THE AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY and THE COMMONWEALTH OF AUSTRALIA WAG 55 of 1998 R D NICHOLSON J PERTH

28 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 55 of 1998

BETWEEN: RAVENOR OVERSEAS INC

fIRST Applicant

fernando gabriel miranda

second applicant

jakup andreas andreassen

third applicant

AND: PHILLIP MARTIN READHEAD

first Respondent

the australian fisheries management authority

second respondent

the commonwealth of australia

third respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 28 OCTOBER 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondents' motion is dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.