Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dudzinski v Kellow [1999] FCA 1264
PRACTICE AND PROCEDURE – pleadings – strike out – stay of proceedings suitable for District Court – application for leave to appeal – interlocutory decision – principles – decision not attended by doubt – application for leave dismissed.
Korn v Paisley Robertson Pty Ltd (1995) 59 FCR 251, followed
Federal Commissioner of Taxation v Hydrocarbon Products Pty Ltd (1987) 72 ALR 391, cited
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, cited
Niemann v Electronic Industries Ltd [1978] VR 431, cited
Dey v Victorian Railways Commissioners (1949) 78 CLR 62, cited
WALDEMAR DUDZINSKI v ANSLEY KELLOW, ROY RICKSON, ERROL STOCK, WILLIAM HOGARTH, CORDIA CHU, KEES HULSMAN, LYN HOLMAN, COLIN McANDREW, JOHN SCOTT AND GRIFFITH UNIVERSITY
Q 110 OF 1999
FRENCH, WHITLAM & LINDGREN JJ
27 AUGUST 1999
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 110 OF 1999
BETWEEN: WALDEMAR DUDZINSKI
Applicant
AND: AYNSLEY KELLOW, ROY RICKSON, ERROL STOCK, BILL HOGARTH, CORDIA CHU, KEES HULSMAN, LYN HOLMAN, COLIN McANDREW, JOHN SCOTT and GRIFFITH UNIVERSITY
Respondents
JUDGE: FRENCH, WHITLAM & LINDGREN JJ
DATE OF ORDER: 27 AUGUST 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed. 2. The Applicant is to pay the Respondents' costs of the application for leave. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 110 OF 1999
BETWEEN: WALDEMAR DUDZINSKI
Applicant
AND: AYNSLEY KELLOW, ROY RICKSON, ERROL STOCK, BILL HOGARTH, CORDIA CHU, KEES HULSMAN, LYN HOLMAN, COLIN McANDREW, JOHN SCOTT and GRIFFITH UNIVERSITY
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