Elston v Commonwealth of Australia [2013] FCA 506

FEDERAL COURT OF AUSTRALIA

Elston v Commonwealth of Australia [2013] FCA 506 Citation: Elston v Commonwealth of Australia [2013] FCA 506

Parties: DR GUY N ELSTON v COMMONWEALTH OF AUSTRALIA and NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL

File number: QUD 169 of 2013

Judge: GREENWOOD J

Date of judgment: 24 May 2013

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory judgment of the Court

Legislation: National Health and Medical Research Council Act 1992 (Cth), ss 5B, 6, 7, 20, 45(2), 125,126 129 (and s 6 as that section stood prior to the commencement on 1 July 2006 of the National Health and Medical Research Council Amendment Act 2006 (Cth))

Date of hearing: 23 May 2013

Date of last submissions: 23 May 2013

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 38

Counsel for the Applicant: Applicant appeared in person

Counsel for the Respondents: Mr P Bickford

Solicitor for the Respondents: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 169 of 2013

BETWEEN: DR GUY N ELSTON

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL

Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 24 MAY 2013 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicant pay the costs of the Commonwealth of Australia of and incidental to the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.