Eaton v Overland [2001] FCA 876

FEDERAL COURT OF AUSTRALIA

Eaton v Overland [2001] FCA 876 CHRISTOPHER EATON v SIMON OVERLAND AND ANOR A 28 OF 2001 ALLSOP J 29 JUNE 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A28 of 2001

DISTRICT REGISTRY

BETWEEN: CHRISTOPHER EATON

APPLICANT

AND: SIMON OVERLAND

FIRST RESPONDENT

MICHAEL KEELTY

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 29 JUNE 2001

WHERE MADE: ADELAIDE

On condition that the applicant file in the Canberra registry by no later than 10.30 am on Monday 2 July 2001, an undertaking as to damages in the usual form prescribed by the relevant practice note, the Court: 1. Orders that from 10.30 am on Monday 2 July 2001 and until further order the first and second respondents be restrained from taking any action in relation to transferring the applicant, redeploying the applicant or bringing the applicant back to Australia from his current position at Interpol in Lyon on the basis of the investigation and results of investigation of conduct of the applicant between August and November 2000 of sending unauthorised material over the Internet. The Court notes the undertaking to the Court of the respondents in the meantime (between now and 10.30 am on Monday 2 July 2001) not to take any steps of like kind which hitherto has been the subject of an existing undertaking. 2. Directs the applicant to file in the registry and to send by facsimile to my associate on Monday 2 July 2001 a draft order in the terms identified. 3. Orders that the costs of all parties be costs in the cause. 4. Adjourns the matter to a date to be fixed, for directions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA