Sita (Qld) Pty Ltd v State of Queensland [1999] FCA 1178

FEDERAL COURT OF AUSTRALIA

Sita (Qld) Pty Ltd v State of Queensland [1999] FCA 1178

PRACTICE AND PROCEDURE – jurisdiction of Court - whether colourable federal claim – whether matter correctly commenced should remain in Court

Federal Courts (State Jurisdiction) Act 1999 (Qld)

Re Wakim (1999) 73 ALJR 839 Burgundy Royale Pty Ltd v Westpac (1987) 18 FCR 212 SITA (QLD) PTY LTD AND HARLINGDALE PTY LTD v STATE OF QUEENSLAND AND QUEENSLAND RAIL AND THE MINISTER FOR TRANSPORT AND MAIN ROADS FOR THE STATE OF QUEENSLAND AND THE CHIEF EXECUTIVE OF THE DEPARTMENT OF TRANSPORT (QUEENSLAND) AND SURFSIDE BUSLINES PTY LTD AND CLARK'S LOGAN CITY BUS SERVICE DOWSETT J 24 AUGUST 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 95 OF 1999

BETWEEN: SITA (QLD) PTY LTD

First Applicant

HARLINGDALE PTY LTD

Second Applicant

AND: STATE OF QUEENSLAND

First Respondent

QUEENSLAND RAIL

Second Respondent

THE MINISTER FOR TRANSPORT AND MAIN ROADS FOR THE STATE OF QUEENSLAND

Third Respondent

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF TRANSPORT (QUEENSLAND)

Fourth Respondent

SURFSIDE BUSLINES PTY LTD

Fifth Respondent

CLARK'S LOGAN CITY BUS SERVICE

Sixth Respondent

JUDGE: DOWSETT J

DATE OF ORDER: 24 AUGUST 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The second respondent, Queensland Rail, cease to be a party to these proceedings. 2. The applicants pay the second respondent's costs of the proceedings, including the costs of the application today, and all reserved costs. 3. The motion be dismissed. 4. The applicants pay the respondents' costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.