Von Reisner v Commonwealth (No 3) [2008] FCA 1028

FEDERAL COURT OF AUSTRALIA

Von Reisner v Commonwealth (No 3) [2008] FCA 1028 PRACTICE AND PROCEDURE – slip rule – intention of the Court

Federal Court Rules 1979 (Cth), O 35, r 7

Owston Nominees No 2 Pty Ltd v Branir Pty Ltd [2003] FCA 629 followed Todorovic v Moussa [2001] NSWCA 419, 53 NSWLR 463 followed Von Reisner v Commonwealth [2007] FCA 1959 cited Von Reisner v Commonwealth (No 2) [2008] FCA 430 cited KOIDU VON REISNER AND ANOR v COMMONWEALTH OF AUSTRALIA AND ANOR

NSD 1540 OF 2007

FLICK J

8 JULY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1540 OF 2007

BETWEEN: KOIDU VON REISNER

First Applicant

SALLY RAAD

Second Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

STATE OF NEW SOUTH WALES

Second Respondent

JUDGE: FLICK J

DATE OF ORDER: 8 JULY 2008

WHERE MADE: SYDNEY

THE ORDERS OF THE COURT ARE:

1. Order 1 as made on 30 November 2007 be varied as follows: "1. The Statement of Claim as filed on 7 August 2007, as against the First Respondent, be struck out." 2. Order 2 as made on 30 November 2007 be varied as follows: "2. The Statement of Claim as filed on 7 August 2007, as against the Second Respondent, be struck out." 3. Order 1 as made on 31 March 2008 be varied as follows: "1. The proceeding be dismissed as against both Respondents." 4. There be no order as to the costs of 7 July 2008.

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 1540 OF 2007

BETWEEN: KOIDU VON REISNER