Henderson v Corporation of the City of Adelaide (No 2) [2012] FCA 9

FEDERAL COURT OF AUSTRALIA

Henderson v Corporation of the City of Adelaide (No 2) [2012] FCA 9 Citation: Henderson v Corporation of the City of Adelaide (No 2) [2012] FCA 9

Parties: PATRINA KELLY HENDERSON v CORPORATION OF THE CITY OF ADELAIDE

File number: SAD 131 of 2011

Judge: BESANKO J

Date of judgment: 13 January 2012

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1975 (Cth) – alternative application for striking out statement of claim or for particulars - where applicant claimed to be 'interested person' for purposes of s 475(1) and (6) of Environment Protection and Biodiversity Conservation Act 1999 (Cth) – where responsible Minister listed threatened ecological community in endangered category under the Act – where respondent entered into construction agreements for redevelopment of Victoria Park - where applicant alleged respondent's conduct constitutes contravention of s 18(6)(a) or 18(6)(b) of the Act and sought relief to prevent further conduct – where applicant claims conduct of respondent will 'significantly impact' listed ecological community – whether applicant has reasonable prospect of successfully prosecuting the proceeding where no evidence is provided to contradict expert evidence provided by respondent that relevant area does not meet requirements for protection under Act – whether pleadings are inadequate where relief claimed merely repeats a statutory prohibition – whether pleadings are embarrassing, frivolous or vexatious and liable to be struck out where no link between alleged contravention of Act and relief sought provided. Held: The respondent is entitled to an order for summary judgment.