Spain v Commonwealth of Australia [2011] FCA 223

FEDERAL COURT OF AUSTRALIA

Spain v Commonwealth of Australia [2011] FCA 223 Citation: Spain v Commonwealth of Australia [2011] FCA 223

Parties: ERIC RAYMOND SPAIN v COMMONWEALTH OF AUSTRALIA

File number: WAD 298 of 2010

Judge: GILMOUR J

Date of judgment: 16 March 2011

Legislation: Banking Act 1959 (Cth) s 69E Corporations Act 2001 (Cth) ss 69C, 69E, 588G Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules Order 20 rule 5 Financial Sector Reform (Amendments and Transitional Provisions) Act (No 1) 1999 (Cth) Item 74 of Schedule 2

Cases cited: Spain v National Australia Bank [2004] FCA 87

Date of hearing: 8 February 2011

Place: Perth

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 28

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr P Macliver

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 298 of 2010

BETWEEN: ERIC RAYMOND SPAIN

Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: GILMOUR J DATE OF ORDER: 16 March 2011 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs of the motion dated 25 November 2010 and the costs of the application generally, to be taxed if not agreed. 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 Federal Law Search on the Court's website.