Federal Court of Australia
g IRCK CO Ke
JUDGMENT NO. -ssvsccesssorssssel sosessvsnses
IN THE INDUSTRIAL RELATIONS
COURT _OF AUSTRALIA No. QI 96/1021
UEBENSLAND DISTRICT REGISTRY
NDUSTRIAL RELATIONS ; MCOURT OFA ISTRALIA QUEENSLAND DISTRICT REGISTRY pooween JOHN REGINALD CLARK
ENED ;
= 14 MAY 1996 applicant
MAYNE NICKLESS LIMITED ACN 004 073 410 trading as SECURITY EXPRESS
Respondent
CORAM : Spender J PLACE: Brisbane DATE: 14 May 1996
MINUTES OF ORDER
THE COURT ORDERS THAT:
(1) the application in QI 96/1021 be dismissed.
(2) there be no order as to costs in these proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.
IN THE INDUSTRIAL RELATIONS
COURT _OF AUSTRALIA No. QI 96/1021
QUEENSLAND DISTRICT REGISTRY
BETWEEN : JOHN REGINALD CLARK Applicant AND : MAYNE NICKLESS LIMITED ACN 004 073.410 trading as SECURITY EXPRESS Respondent CORAM : Spender J PLACE: Brisbane DATE: 14 May 1996
REASONS FOR JUDGMENT
On 20 March 1996, Mayne Nickless Limited trading as Security Express filed a Notice of Motion seeking that an application which Mr John Reginald Clark had filed on 13 February 1996 in this Court hye struck out as being "unlawful" on the ground that the applicant was at the commencement of this application and still is a bankrupt. The notice of motion also sought that Mr Clark pay the
respondent's costs of and incidental to the action, including
this application, to be taxed.
The original application by Mr Clark was an application in the original jurisdiction of the Industrial Relations Court. While it does not appear from the material
filed by Mayne Nickless Limited, it seems that the basib of the relief claimed in the motion is to be found in O 20 r 2 of
the Industrial Relations Court Rules which rule provides:
" Where in any proceeding it appears to the Court that in relation to the proceeding generally or in relation to any claim for relief in the proceeding:
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