Humane Society International Inc v Kyodo Senpaku Kaisha Ltd

[2005] FCA 678

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