Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krajniw v Newman (No 2) [2015] FCA 673 Citation: Krajniw v Newman (No 2) [2015] FCA 673
Parties: TONY KRAJNIW v CAMPBELL NEWMAN MP PREMIER, ANDREW POWELL MINISTER FOR ENVIRONMENT AND HERITAGE PROTECTION, AARRON DILLAWAY MP, JON BLACK DIRECTOR GENERAL DEPARTMENT ENVIRONMENT AND HERITAGE PROTECTION, DEAN ELLWOOD DEPUTY DIRECTOR GENERAL DEPARTMENT ENVIRONMENT AND HERITAGE PROTECTION, TAMARA O'SHEA DEPUTY DIRECTOR GENERAL DEPARTMENT ENVIRONMENT AND HERITAGE PROTECTION, TONY ROBERTS DEPUTY DIRECTOR GENERAL DEPARTMENT ENVIRONMENT AND HERITAGE PROTECTION, IAN STEWART POLICE COMMISSIONER, GRAHAM QUIRK - MAYOR BRISBANE CITY COUNCIL, BRISBANE CITY COUNCIL, COLIN JENSEN CHIEF EXECUTIVE BRISBANE CITY COUNCIL, RYAN MURPHY - COUNCILLOR BRISBANE CITY COUNCIL, MICHAEL LAWSON REGIONAL COORDINATOR NATURAL ENVIRONMENT EAST BRISBANE CITY COUNCIL, KEN EDIE TECHNICAL ARBORICULTURE OFFICER BRISBANE CITY COUNCIL, MICK MAHER NATURAL ENVIRONMENT TECHNICAL OFFICER BRISBANE CITY COUNCIL, CRAIG HARDY [SIC] - RANGER BRISBANE CITY COUNCIL and BRISBANE TREE SERVICES
File number: QUD 574 of 2014
Judge: REEVES J
Date of judgment: 3 July 2015
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 – application for removal of parties under r 9.08 of the Federal Court Rules 2011 – application to strike out statement of claim under r 16.21 of the Federal Court Rules 2011 – consideration of whether no reasonable prospect of success – consideration of whether an abuse of process – where no legal or factual foundation to claims – where scandalous and inflammatory language used in pleadings ENVIRONMENTAL LAW – application regarding alleged contraventions of the Environmental Protection and Biodiversity Conservation Act 1999 – operation of s 475 of the Environmental Protection and Biodiversity Conservation Act 1999 – operation of ss 18 and 18A of the Environmental Protection and Biodiversity Conservation Act 1999 – where species are not protected – where conduct amounting to alleged contraventions not pleaded
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