Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ogawa v The University of Melbourne [2005] FCA 1139
MEGUMI OGAWA v THE UNIVERSITY OF MELBOURNE
Q245 of 2004
RYAN J
22 AUGUST 2005
MELBOURNE (heard in Brisbane by video link to Melbourne)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q245 of 2004
BETWEEN: MEGUMI OGAWA
Applicant
AND: THE UNIVERSITY OF MELBOURNE
Respondent
JUDGE: RYAN J
DATE OF ORDER: 22 AUGUST 2005
WHERE MADE: MELBOURNE (heard in Brisbane by video link to Melbourne)
THE COURT ORDERS THAT: 1. The proceedings herein be stayed until further order. 2. The applicant obtain the leave of a Judge before filing and serving in this Court any application, motion or process against the respondent including any application or motion to discharge or vary the stay granted by paragraph 1 of this Order. 3. The respondent's costs of and incidental to its motion on notice dated 18 March 2005 be its costs in the proceedings herein. 4. There be no order as to the applicant's costs of and incidental to the said motion. 5. Subject to paragraph 2 of this Order, there be liberty to either party to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q245 of 2004
BETWEEN: MEGUMI OGAWA
Applicant
AND: THE UNIVERSITY OF MELBOURNE
Respondent
JUDGE: RYAN J
DATE: 22 AUGUST 2005
PLACE: MELBOURNE (heard in Brisbane by video link to Melbourne)
REASONS FOR JUDGMENT
Introduction 1 There is before the Court a motion on notice dated 21 March 2005 by the respondent, the University of Melbourne ("the University"). By its motion the University seeks; '1. An order pursuant to Order 20, rule 2(1)(b) and/or Order 20, rule 2(1)(c) of the Federal Court Rules that the whole of the proceeding be dismissed on the basis that the proceeding is frivolous or vexatious and/or an abuse of process of the Court. 2. Alternatively, an order pursuant to Order 11, rules 16(b) and/or Order 11, rule 16(c) of the Federal Court Rules, the whole of the applicant's statement of claim dated 6 December 2004 be struck out. 3. Further to paragraph 2, any application for leave to file and serve an amended statement of claim be made by notice of motion supported by affidavit exhibiting a draft of the proposed pleading on notice to the respondent, such notice to be given not less than 14 days prior to the hearing of the notice of motion. 4. The applicant obtain the leave of the Court before she institutes any further proceeding (including application) in the Court. 5. The applicant pay the respondent's costs of this motion and of the proceeding on an indemnity basis. 6. Such further or other orders as the Court considers fit.'
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