Brown v Edwards alias Shania Twain [2001] FCA 1659

FEDERAL COURT OF AUSTRALIA

Brown v Edwards alias Shania Twain [2001] FCA 1659

ROBERT GEOFFREY BROWN v EILLEEN EDWARDS ALIAS SHANIA TWAIN AND anor S 0140 of 2001 GRAY, DOWSETT AND STONE JJ 5 DECEMBER 2001 SYDNEY (heard in Adelaide)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 0140 OF 2001

ON APPEAL FOR A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: Robert Geoffrey Brown

APPELLANT

AND: Eileen Edwards Alias Shania Twain

FIRST RESPONDENT

Universal Music Australia Pty Ltd

SECOND RESPONDENT

JUDGE: Gray, Dowsett and Stone JJ

DATE OF ORDER: 22 November 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. the appeal be dismissed. 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 0140 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: Robert Geoffrey Brown

APPELLANT

AND: Eileen Edwards Alias Shania Twain

FIRST RESPONDENT

Universal Music Australia Pty Ltd

SECOND RESPONDENT

JUDGE: Gray, Dowsett and Stone JJ

DATE: 5 DECEMBER 2001

PLACE: sydney (heard in Adelaide)

REASONS FOR JUDGMENT

the court:

Introduction 1 This is an appeal from a judge of this Court ordering that two statements of claim filed by the appellant be struck out and that the proceedings against both respondents be dismissed. The appellant has filed an appeal from that judgment, claiming that the primary judge "erred for failing to have the first respondent appear before the court to answer the [appellant's] application". On 22 November 2001 the Court dismissed the appeal and advised that it would provide reasons at a later date. These are the reasons.