Abbott v Pauline Hanson's One Nation

[2002] QCA 391

[2002] QCA 391

COURT OF APPEAL

DAVIES JA

Appeal No 2308 of 2002

TERRY PATRICK SHARPLES                  (Not Party to Appeal/

(Plaintiff)

DESMOND J O'SHEA `  (Not Party to Appeal/
  First Defendant)

PAULINE HANSON'S ONE NATION  Respondent
  (Second Defendant)

THE HON. ANTHONY JOHN ABBOTT  Applicant
  (Not Party to Appeal)

BRISBANE
..DATE 26/09/2002

ORDER

DAVIES JA:  This is an application to strike out a subpoena purportedly issued by Mr Ettridge, the respondent to this proceeding.  There are, it seems to me, a number of fatal errors in the subpoena.  The proceeding in which it purports to be filed has been completed some time ago by judgment. 
Mr Ettridge was never a representative party on the side he apparently wishes to appear in that proceeding and is not now, and there are other substantial difficulties in the way of this subpoena. 

I have read the material and the written outline put forward by Mr Smith.  It seems to me plain that the subpoena must be struck out and accordingly I strike it out.

MR SMITH:  Would your Honour order costs in my client's favour?

DAVIES JA:  Yes, Mr Smith. 

DAVIES JA:  The subpoena is struck out with costs.

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