Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 678
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd NSD 1519 of 2004 ALLSOP J 27 MAY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 of 2004
BETWEEN: Humane Society International Inc
APPLICANT
AND: Kyodo Senpaku Kaisha Ltd
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 27 MAY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
leave be granted to the applicant to appeal from the orders made on 27 May 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 of 2004
BETWEEN: Humane Society International Inc
APPLICANT
AND: Kyodo Senpaku Kaisha Ltd
RESPONDENT
JUDGE: ALLSOP J
DATE: 27 MAY 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This morning I made orders dismissing the application for service out of the jurisdiction in this matter. I published my reasons. At the time of publishing my reasons, Mr Gageler SC who appeared for the applicant, made an oral application for leave to appeal as he was entitled to do under the rules. 2 The matter is one that in my view is appropriate for leave. The unusual nature of the case, the intersection of domestic and international law together with the inter-relationship of those matters with questions of futility and non-justiciability make this an appropriate matter for the granting of leave to appeal. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.
Associate: Dated: 27 May 2005 Counsel for the Applicant: Mr S Gageler SC with Mr C McGrath
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