Hoszowski v Parliamentary Secretary to the Minister for Finance and Administration [2001] FCA 1587

FEDERAL COURT OF AUSTRALIA

Hoszowski v Parliamentary Secretary to the Minister for Finance and Administration [2001] FCA 1587 PROCEDURE – respondent's motion to dismiss application – whether reasonable cause of action exists – whether respondent made decision – whether no debt to which a decision could relate – whether applicant entitled to default judgment

Administration Decisions (Judicial Review) Act 1977 (Cth) s 13 Federal Court of Australia Act 1976 (Cth) s 23 Financial Management and Accountability Act 1997 (Cth) s 34 Federal Court Rules O 10 r 7(1)(b), O 20 r 2 ZBIGNIEW HOSZOWSKI v PARLIAMENTARY SECRETARY TO THE MINISTER FOR FINANCE AND ADMINISTRATION W 259 of 2001 RD NICHOLSON J 9 NOVEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 259 of 2001

BETWEEN: ZBIGNIEW HOSZOWSKI

APPLICANT

AND: PARLIAMENTARY SECRETARY TO THE MINISTER FOR FINANCE AND ADMINISTRATION

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 9 NOVEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's notice of motion dated 12 September 2001 be granted. 2. The application be dismissed pursuant to O 20 r 2 of the Federal Court Rules. 3. The applicant's motion for default judgment be dismissed. 4. The applicant pay the respondent's costs on the respondent's notice of motion and on the applicant's notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 259 of 2001

BETWEEN: ZBIGNIEW HOSZOWSKI

APPLICANT

AND: PARLIAMENTARY SECRETARY TO THE MINISTER FOR FINANCE AND ADMINISTRATION

RESPONDENT

JUDGE: RD NICHOLSON J

DATE: 9 NOVEMBER 2001

PLACE: PERTH