Perry v Howard [2005] FCA 1702

FEDERAL COURT OF AUSTRALIA

Perry v Howard [2005] FCA 1702

PRACTICE AND PROCEDURE – summary dismissal of application ‑ no reasonable cause of action – frivolous or vexatious

Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 20, 20(2)(a), 20(2)(c)(ii), 46PO, 46PE, 46PH Judiciary Act 1903 (Cth), s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) Racial Discrimination Act 1975 (Cth) Foreign States Immunities Act 1985 (Cth), s 9

Federal Court Rules, O 8, O 20 r 2(1)

Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited Pridmore v Magenta Nominees Pty Ltd (1999) 161 ALR 458 cited McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 cited Munnings v Australian Government Solicitor (1994) 120 ALR 586 cited Munnings v Australian Government Solicitor (1994) 118 ALR 385 cited Re East, Ex parte Nguyen (1998) 196 CLR 354 cited JOHN PERRY v JOHN HOWARD and GOVERNMENT OF AUSTRALIA and GOVERNMENT OF BRITAIN and GOVERNMENT OF IRELAND WAD 85 OF 2005 SIOPIS J 24 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 85 OF 2005

BETWEEN: JOHN PERRY

APPLICANT

AND: JOHN HOWARD

FIRST RESPONDENT

GOVERNMENT OF AUSTRALIA

SECOND RESPONDENT

GOVERNMENT OF BRITAIN

THIRD RESPONDENT

GOVERNMENT OF IRELAND

FOURTH RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 24 NOVEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The applicant's amended application and statement of claim filed on 17 October 2005 is struck out. 2 The applicant's application filed on 13 April 2005 and subsequently amended is dismissed. 3 The applicant's notice of motion filed 12 May 2005 is dismissed. 4 The applicant is to pay the first and second respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.