Kirkup v General Manager Australia Post [2001] FCA 1298

Kirkup v General Manager Australia Post [2001] FCA 1298

The Court summarily dismissed the present proceeding because it was materially identical in character to an earlier proceeding by the applicant that had been summarily dismissed. No order for costs was made against the applicant because the respondent's motion could not be heard on 4 September 2001 due to the late service of the affidavit supporting that motion.

Jurisdiction
Australia
Judgment Date
11 September 2001
Procedural Posture
Federal Court Application / Respondent's Motion for Summary Dismissal
Legal Topics
['summary Dismissal' 'costs' 'service of Affidavit Evidence']
['civil Procedure'] ['summary Dismissal' 'costs' 'service of Affidavit Evidence']

Case Brief

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Procedural Posture

Federal Court Application / Respondent's Motion for Summary Dismissal

Legal Issues

  1. 1 ["Whether the present proceeding should be summarily dismissed on the respondent's motion." 'Whether any costs order should be made against the applicant.']

Ratio Decidendi

The Court summarily dismissed the present proceeding because it was materially identical in character to an earlier proceeding by the applicant that had been summarily dismissed. No order for costs was made against the applicant because the respondent's motion could not be heard on 4 September 2001 due to the late service of the affidavit supporting that motion.

Court Disposition

Orders

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