Australian Prudential Regulation Authority v David Robert Siminton (No 4) [2006] FCA 1339

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v David Robert Siminton (No 4) [2006] FCA 1339 PRACTICE AND PROCEDURE – abuse of process - application to strike out application and statement of claim – whether evidence of collateral purpose – effect of submissions being ruled on in an earlier judgment - whether lack of evidence before trial is sufficient to strike out proceeding CONSTITUTIONAL LAW - constitutional challenge - whether acquisition of property on just terms – effect of Constitutional challenge on strike out proceeding

Commonwealth of Australia Constitution 1901 (Cth) Judiciary Act 1903 (Cth) Australian Prudential Regulation Authority v Siminton (No 2) [2006] FCA 336. AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON (No 4) VID 1607 OF 2005

TRACEY J

6 OCTOBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1607 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Applicant

AND: DAVID ROBERT SIMINTON (NO 4)

Respondent

JUDGE: TRACEY J

DATE OF ORDER: 6 OCTOBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent's application be dismissed with costs. 2. The respondent have leave to file and serve an amended defence on or before 27 October 2006. 3. The applicant file and serve any reply on or before 10 November 2006. 4. The proceeding be adjourned for further directions on 15 December 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1607 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Applicant

AND: DAVID ROBERT SIMINTON (NO 4)

Respondent

JUDGE: TRACEY J

DATE: 6 OCTOBER 2006

PLACE: MELBOURNE