Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Buzzacott v Hill [1999] FCA 639
KEVIN BUZZACOTT V ROBERT HILL & ANOR
NO. S 23 OF 1999
HEEREY, NICHOLSON AND FINN JJ
10 MAY 1999
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 23 OF 1999
BETWEEN: KEVIN BUZZACOTT
Applicant
AND: ROBERT HILL
First Respondent
HON ALEXANDER DOWNER, MINISTER FOR FOREIGN AFFAIRS
Second Respondent
COMMONWEALTH OF AUSTRALIA
Third Respondent
JUDGE: HEEREY, R D NICHOLSON AND FINN JJ
DATE OF ORDER: 10 MAY 1999
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The applicant's application for leave to appeal against the orders O'Loughlin J made on 1 April 1999 is dismissed. 2. The applicant's notice of motion dated 29 March 1999 is dismissed save for paragraphs 2, 4 and 5 which are stood over pending the hearing and determination of the respondents' strike‑out application. 3. The applicant's notice of motion dated 8 April 1999 is dismissed save for paragraphs 8 and 9 which are stood over pending the hearing and determination of the respondents' strike‑out application. 4. The respondents' notice of motion dated 7 April 1999 (the strike-out application) is adjourned to a date to be fixed pending the hearing and determination of the appeal to the Full Court of the Federal Court in Wadjularbinna Nulyarimma of the Gungalidda v Thompson,A5 of 1999. 5. The applicant's notice of motion dated 13 April 1999 is dismissed save for paragraph 4 which is stood over pending the hearing and determination of the strike‑out application. 6. The notice of motion of Martin Frank dated 22 April 1999 is dismissed. 7. The applicant is to file and serve submissions as to the strike‑out application on or before 24 May 1999. 8. On or before 24 May 1999 the solicitor for the respondents is to file five copies of an application book and serve a copy on the applicants. 9. The application book is to contain a table of contents and paginated copies of: (a) Applicant's application dated 29 March 1999. (b) Affidavit of Kevin Buzzacott affirmed 29 March 1999. (c) Respondents' notice of motion dated 7 April 1999. (d) Affidavit of Peter Colin Walsh sworn 7 April 1999. (e) Affidavit of Kevin Buzzacott affirmed 7 May 1999. (f) Respondents' submissions as already filed. (g) Applicant's submissions (if available). (h) These reasons. 10. Liberty to apply is reserved. If the strike-out application is listed before the Full Court hearing A 5 of 1999, liberty to apply is reserved to that Court. 11. All costs are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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