Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirkup v Commonwealth of Australia [2001] FCA 1243
TORTS – breach of statutory duty – where duty imposed by Australian Postal Corporation Act 1989 (Cth) s 26 – whether breach of Australian Postal Corporation Act 1989 (Cth) s 26 sounds in damages. Australian Postal Corporation 1989 (Cth) ss 3, 12, 13(c), 14-16, 25, 26 Social Security Act 1991 (Cth) s 1296 Federal Court Rules O 4 r 3(1), O 4 r 6(1), O 4 r 6(2), O 20 r 2(1)(a) Byrne v Australian Airlines Ltd (1995) 185 CLR 410 followed Scott v Secretary, Department of Social Security (1999) 57 ALD 627 followed X (Minors) v Bedfordshire County Council [1995] 2 AC 633 followed Shiel v Secretary, Department of Social Security (1999) 56 ALD 465 referred to Scott v Secretary, Department of Social Security [2001] FCA 1241 referred to JL Holdings Pty Ltd v Queensland (1998) 85 FCR 1 referred to Mulcahy v Hydro-Electric Commission (1998) 85 FCR 170 referred to Cubillo v Cth (No 2) (2000) 103 FCR 1 referred to Cubillo v Cth [2001] FCA 1213 referred to Chordas v Bryant (Wellington) Pty Ltd (1988) 20 FCR 91 referred to Trindade et al Law of Torts in Australia 3rd ed 1999 ROBERT KIRKUP v COMMONWEALTH OF AUSTRALIA N 877 of 2001 KATZ J SYDNEY 4 SEPTEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 877 of 2001
BETWEEN: ROBERT KIRKUP
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
RESPONDENT JUDGE: KATZ J
DATE OF ORDER: 4 SEPTEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The application be dismissed. 2 The applicant pay the respondent's costs of the proceeding. 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 877 of 2001
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