Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDonald v State of South Australia [2011] FCA 1251 Citation: McDonald v State of South Australia [2011] FCA 1251
Appeal from: Application for leave to appeal: McDonald v State of South Australia [2011] FCA 297
Parties: FRANCIS THOMAS MCDONALD v THE STATE OF SOUTH AUSTRALIA, KEVIN BOADEN, NANCY SCHUPELIUS, MAUREEN COCHRAM, PETER MITCHELL and SUE HYDE
File number: SAD 76 of 2011
Judge: LANDER J
Date of judgment: 7 November 2011
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal against order dismissing proceeding – judge dismissed proceeding on the basis of res judicata, issue estoppel, Anshun estoppel, and abuse of process by relitigation – whether decision attended by sufficient doubt to justify grant of leave – no error demonstrated – claims substantially the same as claims dismissed by Full Court of the South Australian Supreme Court – application for leave to appeal dismissed
Legislation: Federal Court Rules 1976 O 52 r 10 Workers Rehabilitation and Compensation Act 1986 (SA) s 30, s 54(1)
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc. (1991) 33 FCR 397 cited
Date of hearing: 25 July 2011, 18 August 2011, 10 October 2011
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 65
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondents: Mr T Golding
Solicitor for the Respondents: Crown Solicitor (SA)
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 76 of 2011
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