Kowalski v Mitsubishi Motors Australia Ltd [2009] FCA 1289

FEDERAL COURT OF AUSTRALIA

Kowalski v Mitsubishi Motors Australia Ltd [2009] FCA 1289

KAZIMIR KOWALSKI v MITSUBISHI MOTORS AUSTRALIA LTD

SAD 133 of 2009

MANSFIELD J

9 NOVEMBER 2009

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION SAD 133 of 2009

BETWEEN: KAZIMIR KOWALSKI

Applicant

AND: MITSUBISHI MOTORS AUSTRALIA LTD

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 9 NOVEMBER 2009

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Compliance with the Federal Court Rules is dispensed with insofar as the Respondent is required to file a Notice of Appearance prior to filing its Notice of Motion of 2 October 2009, such order to operate effective from 2 October 2009. 2. On the Notice of Motion of the Respondent of 2 October 2009: (a) as to paragraph 1 of the Notice of Motion, the motion be referred to the Full Court, to be heard and determined at the same time as the "Notice of Appeal" the Applicant; (b) as to paragraph 2 of the Notice of Motion, the words "he perverted the course of justice and" (or words to that effect) in paragraphs 2.1 to 2.17 and 4.1 to 4.20 of the "Notice of Appeal" be struck out; and (c) the costs of the motion be referred to the Full Court for determination. 3. On the Notice of Motion of the Applicant of 12 October 2009: (a) the motion be referred to the Full Court for determination to the extent necessary; and (b) the costs of the motion be referred to the Full Court for determination. 4. On the oral application of the Applicant for leave to appeal from Order 2(b) hereof, leave to appeal therefrom is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.