Park, T. v Enercon Pty Ltd

JUDGMENT No. ........ ........ . . 4351 So . , , , , , . .

IN THE FEDERAL COURT OF AUSTRALIA	)
OUEENSLAND DISTRICT REGISTRY	) QLD NO. G57 of 1988
GENERAL DIVISION	)

BETWEEN: THOMPSON PARK

Applicant

AND: ENERCON PTY LTD

First Respondent

AND: GREGORY WHEAT

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER:	SPENDER J.
DATE OF ORDER:	20 JULY 1990
WHERE MADE:	BRISBANE
THE COURT ORDERS THAT:

(1)	The application by the respondents for an oral examination of the applicant is declined.
(2)	The respondents are given leave to appeal against this decision.

REGISTRY

NOTE: Settlement and entry of orders is dealt with in Order

36 of the Federai Court Rules.

RECEIVED

FEDERAL COURT OF

AUSTRALIA PRINCIPAL

IN THE FEDERAL COURT OF AUSTRALIA	)
QUEENSLAND DISTRICT REGISTRY	) Nb QG 57 of 1988
GENERAL DIVISION	)

BETWEEN: THOMPSON PARK

Applicant

AND: ENERCON PTY LTD

First Respondent

AND: GREGORY WHEAT

Second Respondent

SPENDER J.

BRISBANE

2 0 JULY 1990.

EX TEMPORE REASONS FOR JUDGMENT

This is a notice of motion filed on 18 July 1990 by Enercon Pty Ltd and Gregory Wheat ('the respondentsr), who are the respondents to an appeal brought by the applicant, M r Thompson Park ( 'the applicant') from a judgment of Einfeld J. given on 1 June 1990. The notice of motion seeks, inter alia, an order that Mr Park "attend before the Registrar of the Federal Court at such time and place as he may appoint to be

orally examined as to whether any and what debts are owing to	the applicant and whether the applicant has any and what other
property or means of satisfying the judgment".

M r Justice Einfeld on 1 June 1990 ordered that the

application by Mr Park, being application G57 of 1988, be
dismissed, and, as to costs, ordered in the following terms:

'l The Applicant is to pay the costs ot the Respondent as set out

hereunder.

(a)	Three quzirters of the costs i~icrlrred in defending the matter arising out of the thrce forged documents and dealing with the forgeries be paid on a solicitorlclient basis and;
(b)	In other respects the Applicant is to pay the Respondent's costs on a partylparty basis.

Costs shall include reserved costs.

'I'he money paid into Court by the Applicant, pursuant to the

security for costs order be paid to the Respondent. "

I t i s a p p a r e n t from t h e f o r c e f u l terms o f t h e r e a s o n s

f o r judgment o f E i n f e l d J. t h a t h i s Honour h a s formed a n

a d v e r s e v i e w o f M r P a r k and h i s c o n d u c t . E i n f e l d J. f…