Klewer v Dutch [1999] FCA 769

Klewer v Dutch [1999] FCA 769

By consent, and in the peculiar and particular circumstances recorded in the transcript, the judgment given by Justice Whitlam on 3 February 1999 was set aside without any adverse finding in relation to matters on which his Honour pronounced judgment; there was no order as to costs on the appeal and the costs below were to abide the outcome of the next hearing.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Appeal / Judgment by Consent
Outcome
Judgment of Justice Whitlam set aside by consent; no order as to costs on the appeal; costs below to abide the outcome of the next hearing.
Legal Topics
['appeal' 'consent Orders' 'costs']
['civil Procedure'] ['appeal' 'consent Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment by Consent

Legal Issues

  1. 1 ['Whether the judgment given by Justice Whitlam on 3 February 1999 should be set aside by consent.' 'What costs orders should be made on the appeal and below.']

Ratio Decidendi

By consent, and in the peculiar and particular circumstances recorded in the transcript, the judgment given by Justice Whitlam on 3 February 1999 was set aside without any adverse finding in relation to matters on which his Honour pronounced judgment; there was no order as to costs on the appeal and the costs below were to abide the outcome of the next hearing.

Court Disposition

Judgment of Justice Whitlam set aside by consent; no order as to costs on the appeal; costs below to abide the outcome of the next hearing.

Orders

  • ['The judgment given by Justice Whitlam on 3 February 1999 is set aside by consent.' 'There will be no order as to costs on this appeal.' 'The costs below should abide the outcome of the next hearing.']