McHutchison v Western Research and Development Ltd [2004] FCA 1234

FEDERAL COURT OF AUSTRALIA

McHutchison v Western Research and Development Ltd [2004] FCA 1234 Federal Court Rules O 45 r 7 McHutchison v Western Research and Development Ltd [2004] FCA 419 cited Bloomsdale Greeting Cards Pty Ltd v Jai Li He [2004] FCA 321 distinguished ROY NEIL McHUTCHISON v WESTERN RESEARCH AND DEVELOPMENT LTD W208 of 2003 RD NICHOLSON J 10 SEPTEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W208 OF 2003

BETWEEN: ROY NEIL McHUTCHISON

APPLICANT

AND: WESTERN RESEARCH AND DEVELOPMENT LTD

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 10 SEPTEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Leave be given pursuant to O 45 r 7(2) to the solicitors for the applicant to file and serve a notice of withdrawal.

2. The respondent's three interlocutory applications, namely:

(a) the application to strike out the statement of claim dated 10 November 2003;

(b) the application for a declaration that the decision of 8 April 2004 does not give rise to an issue estoppel in relation the question of whether Eastland Technology Australia Ltd entered into the consultancy agreement dated 7 September 2001 as agent for its subsidiaries, including Western Research & Development Ltd;

(c) the application for costs of the application dated 13 February 2004 to restrain the applicant's solicitor;

be reserved for judgment on the written submissions presently before the Court.

3. Following delivery of judgment on the three interlocutory applications, the proceeding be listed for further directions.

4. Costs be reserved. 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 W208 OF 2003