FEDERAL COURT OF AUSTRALIA

 

Klewer v Dutch [1999] FCA 769

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LUCY PATRICIA KLEWER V JENNY DUTCH & ANOR

N 98 OF 1999

 

 

EINFELD, FINN, EMMETT JJ

SYDNEY

28 MAY 1999

 

 

 

 


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 98  OF 1999

 

BETWEEN:

LUCY PATRICIA KLEWER

Appellant

 

AND:

JENNY DUTCH

First Respondent

 

MICHAEL DORING

Second Respondent

 

 

JUDGE:

EINFELD, FINN, EMMETT JJ

DATE:

28 MAY 1999

PLACE:

SYDNEY


REASONS FOR JUDGMENT


1                     By consent, the judgment given by Justice Whitlam on 3 February 1999 is set aside.  We make clear that this order is made by consent in the peculiar and particular circumstances to which the transcript bears witness, but without any adverse finding in relation to any of the matters on which his Honour pronounced judgment.  It simply has not been necessary in the circumstances to consider the matter at all and to make any findings in relation to it.

2                     In accordance with the consent there will be no order as to costs on this appeal.  The costs below should abide the outcome of the next hearing.


I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Einfeld, Finn, Emmett JJ.


Associate:


Dated:              28 May 1999



The appellant appeared in person.



Counsel for the Respondent:

Miss R. M. Henderson



Solicitor for the Respondent:

Australian Government Solicitor



Date of Hearing:

28 May 1999



Date of Judgment:

28 May 1999