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[2000] FCA 1957
General information, not legal advice.
Federal Court of Australia
2000-12-07
Dowsett J
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Luck v Hunter [2000] FCA 1957 GAYE LUCK (FORMERLY KUPERMAN) v DR ROSS HUNTER, R B HUNTER (MEDICAL) PTY LTD ACN 088 496 995, NOCDOC, DR D MCALPINE, AITKENVALE MEDICAL CENTRE PTY LTD ACN 011 003 231, DR PETER BUCHANAN, DR HENRY LAU, CONSULTANT PATHOLOGISTS (TOWNSVILLE) PTY LTD ACN 010 106 680, DR GRANT WITHEY AND QUEENSLAND X-RAY SERVICES BN 3332160 V 392 OF 2000 DOWSETT J 7 DECEMBER 2000 BRISBANE
CONSULTANT PATHOLOGISTS (TOWNSVILLE) PTY LTD ACN 010 106 680
THE COURT ORDERS THAT: 1. The applicant's notice of motion for leave to appeal filed 20 November 2000 be struck out. 2. The applicant pay the respondent's costs of and incidental to the notice of motion for leave to appeal. 3. The applicant's notice of motion for a stay filed 3 November 2000 be struck out. 4. The applicant pay the respondent's costs of and incidental to the notice of motion for a stay. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
CONSULTANT PATHOLOGISTS (TOWNSVILLE) PTY LTD ACN 010 106 680
REASONS FOR JUDGMENT 1 I am now dealing with the motions in action V 392 of 2000. There are two separate notices of motion, one filed on 3 November 2000 seeking a stay and the other filed on 20 November seeking leave to appeal. It seems to me that with regard to the latter, similar considerations apply as in the earlier matters. The notice of motion should therefore be struck out with costs. The notice of motion for a stay should be similarly struck out with costs.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.
Associate: Dated: 22 February 2001 There was no appearance for the Applicant:
Counsel for the First, Second, Fifth, Sixth, Seventh, Eighth and Ninth Respondents: Mr R Traves
Solicitor for the First, Second, Sixth, Seventh, Eighth and Ninth Respondents: Tress Cocks & Maddox
Solicitor for the Fifth Respondent: Boulton Cleary & Kern
Date of Hearing: 7 December 2000
Date of Judgment: 7 December 2000
Luck
Hunter