Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grimson v O'Donnell [1999] FCA 245 JUDGMENTS AND ORDERS – action to set aside judgment – motion to have action permanently stayed or wholly dismissed on the grounds that it discloses no reasonable cause of action, and is frivolous and vexatious and an abuse of the process of the Court – principles which govern entitlement to an order to set aside a judgment on the basis of fraud PRACTICE AND PROCEDURE – action to set aside judgment - fraud General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, cited Wentworth v Rogers (No. 5) (1986) 6 NSWLR 534, followed Monroe Schneider Associates (Inc) v No. 1 Raberem Pty Ltd (No. 2) (1992) 37 FCR 234, followed McDonald v McDonald (1965) 113 CLR 529, cited Banque Commerciale SA (In Liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279, cited MARTIN HAROLD GRIMSON, RICKY MARTIN GRIMSON v GARRY FRANCIS O'DONNELL, EVENLONG PTY. LIMITED, ENIMA PTY. LIMITED and LEONARD CECIL MARJASON No. NG 979 of 1998 BRANSON J 19 MARCH 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 979 OF 1998
BETWEEN: MARTIN HAROLD GRIMSON
First Applicant
RICKY MARTIN GRIMSON
Second Applicant
AND: GARRY FRANCIS O'DONNELL
First Respondent
EVENLONG PTY LIMITED
(ACN 051-752-277)
Second Respondent
ENIMA PTY LIMITED
(ACN: 008-619-298)
Third Respondent
LEONARD CECIL MARJASON
Fourth Respondent
JUDGE: BRANSON J
DATE OF ORDER: 19 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceeding be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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