Puopolo v Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland [2022] FCA 400

Federal Court of Australia

Puopolo v Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland [2022] FCA 400 File number(s): QUD 418 of 2021

Judgment of: DOWNES J

Date of judgment: 14 April 2022

Catchwords: PRACTICE AND PROCEDURE – application by defendant for summary judgment – proceeding brought pursuant to s 1350 Corporations Act 2001 (Cth) – land owned by plaintiff's former wife was resumed in 2005 pursuant to Acquisition of Land Act 1967 (Qld) – parties entered agreement relating to amount of compensation to be paid – agreement contained release from any claims for further compensation – plaintiff and former wife brought two previous proceedings in Supreme Court of Queensland against defendant – both proceedings dismissed – claim is not one which falls within s 1350 Corporations Act 2001 (Cth) – claim is an abuse of process – proceeding dismissed

Legislation: Corporations Act 2001 (Cth) s 1350 Evidence Act 1995 (Cth) s 131 Federal Court of Australia Act 1976 (Cth) ss 31A(2), 37M Privacy Act 1988 (Cth) s 36 Federal Court Rules 2011 (Cth) r 26.01 Acquisition of Land Act 1967 (Qld) Judicial Review Act 1991 (Qld) ss 20, 22, 38

Cases cited: Puopolo & Puopolo v Powerlink Queensland ACN 078 849 233 [2020] QSC 150 Spencer v The Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne as trustee of the Argot Trust (2018) 265 CLR 77; [2018] HCA 45 Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43