Hiskey v Westpac Banking Corporation Limited [2001] FCA 169

FEDERAL COURT OF AUSTRALIA

Hiskey v Westpac Banking Corporation Limited [2001] FCA 169

PRACTICE AND PROCEDURE – appeal – decision dismissing applicant's claim – failure to provide affidavit containing further and better particulars of claim – whether decision should be set aside – exercise of discretion under O 10 r 7 of the Federal Court Rules Federal Court Rules: O 10 r 7 Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148 CLR 170 applied Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 applied ELIZABETH HISKEY v WESTPAC BANKING CORPORATION LIMITED S 119 of 2000 WILCOX, MOORE & GOLDBERG JJ 27 FEBRUARY 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 119 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: ELIZABETH HISKEY

Appellant

AND: WESTPAC BANKING CORPORATION LIMITED

Respondent

JUDGE: WILCOX, MOORE & GOLDBERG JJ

DATE OF ORDER: 27 FEBRUARY 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2 The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 119 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: ELIZABETH HISKEY

Appellant

AND: WESTPAC BANKING CORPORATION LIMITED

Respondent

JUDGES: WILCOX, MOORE & GOLDBERG JJ

DATE: 27 FEBRUARY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

WILCOX J: 1 I agree with the Reasons for Judgment of Justice Goldberg.

I certify that the preceding one (1) paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate: Dated: 2 March 2001