Klewer v Dutch

[1999] FCA 769

FEDERAL COURT OF AUSTRALIA

Klewer v Dutch [1999] FCA 769

LUCY PATRICIA KLEWER V JENNY DUTCH & ANOR
N 98 OF 1999

EINFELD, FINN, EMMETT JJ
SYDNEY

28 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 98  OF 1999

BETWEEN:

LUCY PATRICIA KLEWER
Appellant

AND:

JENNY DUTCH
First Respondent

MICHAEL DORING
Second Respondent

JUDGE:	EINFELD, FINN, EMMETT JJ
DATE:	28 MAY 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. By consent, the judgment given by Justice Whitlam on 3 February 1999 is set aside.  We make clear that this order is made by consent in the peculiar and particular circumstances to which the transcript bears witness, but without any adverse finding in relation to any of the matters on which his Honour pronounced judgment.  It simply has not been necessary in the circumstances to consider the matter at all and to make any findings in relation to it.

2. In accordance with the consent there will be no order as to costs on this appeal.  The costs below should abide the outcome of the next hearing.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Einfeld, Finn, Emmett JJ.

Associate:

Dated:             28 May 1999

The appellant appeared in person.
Counsel for the Respondent:	Miss R. M. Henderson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	28 May 1999
Date of Judgment:	28 May 1999