Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilson v Australian Copyright Council [2000] FCA 1929 PAUL WILSON v AUSTRALIAN COPYRIGHT COUNCIL N 1146 OF 2000 EMMETT J 15 DECEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1146 OF 2000
BETWEEN: PAUL WILSON
APPLICANT
AND: AUSTRALIAN COPYRIGHT COUNCIL
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 15 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The statement of claim be struck out. 2. The applicant be granted leave to file and serve an amended application and statement of claim by 2 February 2001. 3. The respondent file and serve no later than 16 February 2001 any further affidavits intended to be relied on in support of its motion. 4. The motion be stood over part heard to Friday, 23 February 2001 at 9.30 am. 5. The applicant pay the respondent's costs of the motion to date. 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 N 1146 OF 2000
BETWEEN: PAUL WILSON
APPLICANT
AND: AUSTRALIAN COPYRIGHT COUNCIL
RESPONDENT
JUDGE: EMMETT J
DATE: 15 DECEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, Mr Paul Wilson, commenced this proceeding by application and statement of claim filed on 26 October 2000. The respondent has applied by notice of motion for either summary dismissal pursuant to Order 20 rule 2 of the Federal Court Rules or, alternatively, an order that the statement of claim that has been filed in the proceeding be struck our pursuant to Order 11 rule 16. Those provisions are as follows: "Order 20
2. (1) Where in any proceeding it appears to the Court that in relation to the proceeding generally or in relation to any claim for relief in the proceeding:
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