FEDERAL COURT OF AUSTRALIA

 

Wride v IP Australia [2004] FCA 282


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DONALD CHARLES WRIDE v IP AUSTRALIA


S 176 OF 2002


 

 

LANDER J

ADELAIDE

23 MARCH 2004



IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

S 176 OF 2002

 

BETWEEN:

DONALD CHARLES WRIDE

APPLICANT

 

AND:

IP AUSTRALIA

RESPONDENT

 

JUDGE:

LANDER J

DATE OF ORDER:

23 MARCH 2004

WHERE MADE:

ADELAIDE

 

THE COURT ORDERS THAT:

 

1.          Pursuant to O 11 r16 the amended statement of claim is struck out.

2.          Pursuant to O 20 r2 the applicant’s application is dismissed.

3.          The applicant pay the respondent’s costs including the costs ordered by the Full Court to be costs in the cause.


Note:  Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.



IN THE FEDERAL COURT OF AUSTRALIA

 

SOUTH AUSTRALIA DISTRICT REGISTRY

S 176 OF 2002

 

BETWEEN:

DONALD CHARLES WRIDE

APPLICANT

 

AND:

IP AUSTRALIA

RESPONDENT

 

 

JUDGE:

LANDER J

DATE:

23 MARCH 2004

PLACE:

ADELAIDE


REASONS FOR JUDGMENT

1                     For the reasons published this day by me in the matter of Wride v Schulze (file number S 175 of 2002), except the reasons contained in paragraphs [48] to [52], I make the following orders:

1.         Pursuant to O 11 r 16 the amended statement of claim is struck out.

2.         Pursuant to O 20 r 2 the applicant’s application is dismissed.

3.         The applicant pay the respondent’s costs including the costs ordered by the Full Court to be costs in the cause


I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Lander.


Associate:


Dated:              23 March 2004


Counsel for the Applicant:

The applicant appeared in person

Counsel for the Respondent:

Mr B Krupka

Solicitor for the Respondent:

Australian Government Solicitor

Date of Hearing:

9 March 2004

Date of Judgment:

23 March 2004