Lindon v Commonwealth of Australia

Case

[1996] HCATrans 152

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne   No M82 of 1995

B e t w e e n -

LEN LINDON

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Respondent

For Judgment

KIRBY J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 6 MAY 1996, AT 9.31 AM

(Continued from 25/3/96)

Copyright in the High Court of Australia

HIS HONOUR:   There were two proceedings before me.  One was an application for the striking out of a statement of claim and dismissal of an action brought by the Commonwealth.  The other was a summons brought by Mr Lindon for other relief.  The following orders are made:

(1)    The plaintiff’s statement of claim is struck out with costs and   the action based thereon is dismissed.

(2)    The plaintiff’s summons is dismissed.

No order for costs is made in relation to the plaintiff’s summons, that matter having been raised and the Commonwealth having indicated that no order for costs was sought on that summons.

Do you seek certification for counsel in relation to the plaintiff’s statement of claim?

MR P. KOZERA:   Yes, we do, your Honour.

HIS HONOUR:   I certify for counsel.  The Court will now adjourn.

AT 9.33 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Constitutional Law

Legal Concepts

  • Abuse of Process

  • Jurisdiction

  • Standing

  • Stay of Proceedings

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