Elliott v Seymour (No 3) [2001] FCA 1727

FEDERAL COURT OF AUSTRALIA

Elliott v Seymour (No 3) [2001] FCA 1727

VG411 of 1993

John Dorman Elliott -v- Sergeant Douglas Seymour, Thomas Sherman, National Crime Authority, Director of Public Prosecutions For The State of Victoria, Australian Broadcasting Corporation, and Steven Marshall Crabb

VG434 of 1993 Peter Camm, Peter Damien Scanlon and Kenneth Robert Biggins -v- Sergeant Douglas Seymour, Thomas Sherman, National Crime Authority, Director of Public Prosecutions For The State of Victoria RYAN J MELBOURNE 7 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG411 of 1993

BETWEEN: JOHN DORMAN ELLIOTT

Applicant

AND: SERGEANT DOUGLAS SEYMOUR

First Respondent

THOMAS SHERMAN

Second Respondent

NATIONAL CRIME AUTHORITY

Third Respondent

DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF VICTORIA

Fourth Respondent

AUSTRALIAN BROADCASTING CORPORATION

Fifth Respondent

STEVEN MARSHALL CRABB

Sixth Respondent

JUDGE: RYAN J

DATE OF ORDER: 7 DECEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS: 1. THAT the proceedings as against the third respondent, the National Crime Authority, be dismissed. 2. THAT the applicant pay the first and second respondents' costs of the proceedings up to and including 21 July 2000, including all reserved costs together with the costs of the hearing as to costs on 22 February 2001, such costs to be taxed as between party and party. 3. THAT the applicant pay the third respondent's costs of the proceedings to date, including all reserved costs and the costs of the hearing as to costs on 22 February 2001, to be taxed as between party and party. 4. THAT the applicant pay the costs of the fourth respondent, the Director of Public Prosecutions for the State of Victoria, of the proceedings up to and including 21 July 2000, including all reserved costs together with the costs of the hearing as to costs on 22 February 2001, such costs to be taxed as between party and party. 5. THAT subject to paragraph 6 of this Order and to payment of the costs referred to in paragraph 7 of this Order, the applicant have leave to file and serve a fresh statement of claim herein confined to the cause of action of misfeasance in a public office against the sixth respondent, Crabb, and incorporating therein paragraphs corresponding with paragraphs 77 to 82 but omitting sub-paragraph 81(b) of the draft statement of claim referred to in the reasons for judgment of Ryan J published this day as "the latest statement of claim" ("the latest statement of claim"). 6. THAT the leave granted by paragraph 5 of this Order be conditional upon the applicant's subjoining to the paragraph corresponding to paragraph 78(b) of the latest statement of claim, particulars of the disclosure therein alleged in accordance with the said reasons for judgment published this day. 7. THAT the applicant pay the sixth respondent's costs of the proceedings to date including all reserved costs and his costs of the hearing as to costs on 22 February 2001, such costs to be taxed as between party and party and paid within 21 days of the completion of the taxation thereof. 8. THAT liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.