Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Zomba Music Publishers Australia Pty Limited [2004] FCA 324
PRACTICE AND PROCEDURE – motion to dismiss proceeding for non-compliance with directions to provide particulars – history of matter and related matters asserting same alleged claim – responses not arguably compliant – particulars essential to enable proper defence – application dismissed Corporations Act 2001 (Cth) s 459P Federal Court Rules O 10 r 7(1)(a)
Brown v Edwards [2001] FCA 1169 cited Brown v Edwards [2001] FCA 1659 cited Brown v Edwards [2002] FCA 538 cited Brown v Edwards [2002] FCA 839 cited Brown v Theofelos [2004] FCA 210 cited Kestral Trading Pty Ltd v Montano Crop Pty Limited [2003] FCA 1382 cited Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 applied Textile Clothing & Footwear Union of Australia v Lotus Cove Pty Ltd [2004] FCA 43 cited Universal Music Australia Pty Limited v Brown (2003) 47 ACSR 501 cited
ROBERT GEOFFREY BROWN alias ROBERT JOHN MUTT LANGE alias MAURICE JOHN HOWE v ZOMBA MUSIC PUBLISHERS AUSTRALIA PTY LIMITED
W3018 of 2003
RD NICHOLSON J
22 MARCH 2004
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W3018 OF 2003
BETWEEN: ROBERT GEOFFREY BROWN
alias ROBERT JOHN MUTT LANGE
alias MAURICE JOHN HOWE
PLAINTIFF
AND: ZOMBA MUSIC PUBLISHERS AUSTRALIA PTY LIMITED (ACN 089 247 138)
DEFENDANT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 22 MARCH 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. Pursuant to O 10 r 7(1)(a) of the Federal Court Rules the proceedings be dismissed by reason of the failure of the plaintiff to comply with the order of: (a) Justice Nicholson made 3 December 2003 that the Plaintiff answer the Request for Particulars contained in the Interlocutory Process by 17 December 2003; and (b) Registrar Jan made 10 February 2004 that the Plaintiff answer the Request for Particulars in the format attached to the Minute of Directions before the Registrar. 2. The plaintiff pay the defendant's costs of this notice of motion, the proceedings and any reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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