McKinnon v Commonwealth of Australia [1999] FCA 505

FEDERAL COURT OF AUSTRALIA

McKinnon v Commonwealth of Australia [1999] FCA 505 GRANT McKINNON v COMMONWEALTH OF AUSTRALIA

STATE OF NEW SOUTH WALES

MARTIN McCLEAN

KERR AUSTRALIA PTY LTD

(ACN 003 929 100)

AND OTHERS

NG 518 of 1996

HILL J SYDNEY 20 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 518 OF 1996

BETWEEN: GRANT McKINNON

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

STATE OF NEW SOUTH WALES

Second Respondent

MARTIN McCLEAN

Third Respondent

KERR AUSTRALIA PTY LTD

(ACN 003 929 100)

Fourth Respondent

OTHERS

Fifth to Eleventh Respondents

JUDGE: HILL J

DATE OF ORDER: 20 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Applicant's application against each of the respondents be stayed. 2. Applicant to pay the respondents' costs of the motions of the first respondent (7 August 1998) and the fourth respondent (11 August 1998) before me on the 19 November 1998 (apart from orders as to costs previously made), and the motions of the first respondent (15 January 1999), and the third respondent ( 7 April 1999). In respect of the motion of the applicant of 25 January 1999: 3. Orders 2, 4, 5 and 6 be dismissed, but so far as the motion sought orders 1 and 3 it be stood over generally with liberty to restore. 4. Costs be reserved. In respect of the motion of the applicant of 6 April 1999: 5. The motion be dismissed. 6. The applicant pay the respondents' costs of the motion. 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 518 OF 1996