FEDERAL COURT OF AUSTRALIA

 

Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 678



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

Humane Society International Inc v Kyodo Senpaku Kaisha Ltd

NSD 1519 of 2004

 

ALLSOP J

27 MAY 2005

SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1519 of 2004

 

BETWEEN:

Humane Society International Inc

APPLICANT

 

AND:

Kyodo Senpaku Kaisha Ltd

RESPONDENT

 

JUDGE:

ALLSOP J

DATE OF ORDER:

27 MAY 2005

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

 

leave be granted to the applicant to appeal from the orders made on 27 May 2005.


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


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1519 of 2004

 

BETWEEN:

Humane Society International Inc

APPLICANT

 

AND:

Kyodo Senpaku Kaisha Ltd

RESPONDENT

 

 

JUDGE:

ALLSOP J

DATE:

27 MAY 2005

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     This morning I made orders dismissing the application for service out of the jurisdiction in this matter.  I published my reasons.  At the time of publishing my reasons, Mr Gageler SC who appeared for the applicant, made an oral application for leave to appeal as he was entitled to do under the rules. 

2                     The matter is one that in my view is appropriate for leave.  The unusual nature of the case, the intersection of domestic and international law together with the inter-relationship of those matters with questions of futility and non-justiciability make this an appropriate matter for the granting of leave to appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.


Associate:

Dated:              27 May 2005


Counsel for the Applicant:

Mr S Gageler SC with Mr C McGrath



Solicitor for the Applicant:

Environmental Defender’s Office



Date of Hearing:

27 May 2005



Date of Judgment:

27May 2005