Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kalaba v Commonwealth of Australia [2004] FCA 763
PRACTICE AND PROCEDURE – application for summary dismissal by defendants –plaintiff prisoner in concentration camp in Hungary in 1941-1942 – claim of breach of privacy by first respondent in asking Australian Mission to the United Nations in Geneva to obtain records of his confinement – whether tort of breach of privacy exists in Australia –claim of breach duty of care by second respondent by failing to deliver mail from Hungarian court – whether met by statutory defence Australian Postal Corporation Act 1989 (Cth) s 34 Federal Court Rules O 20 r 2 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 at 91 applied General Steel Industries Inc v Commissioner of Railways (New South Wales) (1964) 112 CLR 125 at 128 to 130 applied Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 at [132] cited Giller v Procopets [2004] VSC 113 at [187]-[189] followed Grosse v Purvis [2003] QDC 151 not followed LAZAR KALABA v COMMONWEALTH OF AUSTRALIA AND ANOTHER NO. T10 OF 2004 HEEREY J 8 JUNE 2004 HOBART
IN THE FEDERAL COURT OF AUSTRALIA
HOBART DISTRICT REGISTRY T10 OF 2004
BETWEEN: LAZAR KALABA
PLAINTIFF
AND: COMMONWEALTH OF AUSTRALIA & ANOTHER
DEFENDANT
JUDGE: HEEREY J
DATE OF ORDER: 8 JUNE 2004
WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. The proceeding is dismissed.
2. The plaintiff pay the costs of the defendants.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
HOBART DISTRICT REGISTRY T10 OF 2004
BETWEEN: LAZAR KALABA
PLAINTIFF
AND: COMMONWEALTH OF AUSTRALIA & ANOTHER
DEFENDANT
JUDGE: HEEREY J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate