Clemens v Department of Defence of the Commonwealth of Australia

[2008] HCATrans 351

[2008] HCATrans 351

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M152 of 2007

B e t w e e n -

DAVID CLEMENS

Plaintiff

and

DEPARTMENT OF DEFENCE OF THE COMMONWEALTH OF AUSTRALIA

Defendant

Publication of reasons

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 25 SEPTEMBER 2008, AT 9.31 AM

Copyright in the High Court of Australia

HER HONOUR:   Interlocutory applications in this proceeding were heard by me on 18 September 2008.  In the result the plaintiff’s statement of claim will be struck out and judgment will be entered for the defendant with costs.  I publish my reasons.  The orders are:

1.The plaintiff’s application to amend the statement of claim is dismissed.

2.The plaintiff’s statement of claim is struck out.

3.Judgment for the defendant in the action with costs including reserved costs.

Adjourn the Court.

AT 9.32 AM THE MATTER WAS CONCLUDED