Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gasper v BHP Billiton Iron Ore Pty Ltd [2011] FCA 798 Citation: Gasper v BHP Billiton Iron Ore Pty Ltd [2011] FCA 798
Parties: DEREK IVAN GASPER (BY HIS NEXT FRIEND THE PUBLIC TRUSTEE) v BHP BILLITON IRON ORE PTY LTD
File number: WAD 136 of 2010
Judge: BARKER J
Date of judgment: 30 May 2011
Catchwords: PRACTICE AND PROCEDURE - application by tutor in proceeding of a person under a disability for approval of an agreement to settle in accordance with Order 43 rule 9 of the Federal Court Rules
Legislation: Federal Court of Australia Act 1976 (Cth) s 50 Federal Court Rules O 43 r 9
Date of hearing: 30 May 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 6
Counsel for the Applicant: Mr RL Hooker
Solicitor for the Applicant: Talbot Olivier
Counsel for the Respondent: Ms K Eastman and Ms JB Murphy
Solicitor for the Respondent: Blake Dawson
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 136 of 2010
BETWEEN: DEREK IVAN GASPER (BY HIS NEXT FRIEND THE PUBLIC TRUSTEE)
Applicant
AND: BHP BILLITON IRON ORE PTY LTD
Respondent
JUDGE: BARKER J DATE OF ORDER: 30 MAY 2011 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The opinion of Counsel contained in annexure B to the affidavit of Rochelle Margaret Airey filed 18 May 2011 be confidential and not be published. 2. The Court approves the parties' agreement to settle the proceedings in accordance with Order 43, rule 9(2) of the Federal Court Rules. 3. The proceeding be dismissed. 4. The parties bear their own costs. 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.
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