FEDERAL COURT OF AUSTRALIA Klewer v Dutch [1999] FCA 769 LUCY PATRICIA KLEWER V JENNY DUTCH & ANOR N 98 OF 1999 EINFELD, FINN, EMMETT JJ SYDNEY 28 MAY 1999 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 98 OF 1999 BETWEEN: LUCY PATRICIA KLEWER Appellant AND: JENNY DUTCH First Respondent MICHAEL DORING Second Respondent JUDGE: EINFELD, FINN, EMMETT JJ DATE: 28 MAY 1999 PLACE: SYDNEY REASONS FOR JUDGMENT 1 By consent, the judgment given by Justice Whitlam on 3 February 1999 is set aside. We make clear that this order is made by consent in the peculiar and particular circumstances to which the transcript bears witness, but without any adverse finding in relation to any of the matters on which his Honour pronounced judgment. It simply has not been necessary in the circumstances to consider the matter at all and to make any findings in relation to it. 2 In accordance with the consent there will be no order as to costs on this appeal. The costs below should abide the outcome of the next hearing. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Einfeld, Finn, Emmett JJ. Associate: Dated: 28 May 1999 The appellant appeared in person. Counsel for the Respondent: Miss R. M. Henderson Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 28 May 1999 Date of Judgment: 28 May 1999