Roberts v Northern Territory of Australia

Case [2011] FCA 243

FEDERAL COURT OF AUSTRALIA

Roberts v Northern Territory of Australia [2011] FCA 243

Citation: Roberts v Northern Territory of Australia [2011] FCA 243
Parties: JESSIE ROBERTS AND TALBOT HOOD v NORTHERN TERRITORY OF AUSTRALIA & ORS
File number: NTD 6001 of 2001
Judges: MANSFIELD J
Date of judgment: 18 March 2011
Date of hearing: 16 March 2011
Place: Darwin
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 1
Counsel for the Applicants: T Cole
Solicitor for the Applicants: Northern Land Council
Counsel for the Respondent: S Brownhill
Solicitor for the Respondent: Northern Territory Government
Counsel for the Roper Gulf Shire Council: A Vaughan
Solicitor for the Roper Gulf Shire Council: Cridlands MB Lawyers

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

NTD 6001 of 2001
BETWEEN:

JESSIE ROBERTS AND TALBOT HOOD
Applicants
AND:

NORTHERN TERRITORY OF AUSTRALIA & ORS
Respondents

JUDGE:

MANSFIELD J

DATE OF ORDER:

18 MARCH 2011

WHERE MADE:

DARWIN

THE COURT ORDERS THAT:

1.Leave be granted to the applicant to amend the application in terms of the document entitled “Further Amended Application” annexed to the affidavit of Tamara Simone Cole affirmed on 13 January 2011.

2.The name of Talbot Hood, now deceased, be removed from the names of persons constituting the applicant.

3.The said document entitled “Further Amended Application” do stand as the further amended application and that further filing and service of the further amended application be dispensed with.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.


IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

NTD 6001 of 2001
BETWEEN:

JESSIE ROBERTS AND TALBOT HOOD
Applicants
AND:

NORTHERN TERRITORY OF AUSTRALIA & ORS
Respondents

JUDGE:

MANSFIELD J

DATE:

18 MARCH 2011

PLACE:

DARWIN

REASONS FOR JUDGMENT

  1. For reasons given in a related matter, namely Roberts v Northern Territory of Australia [2011] FCA 242, in which considerations are relevantly the same, on the applicant’s motion of 13 January 2011, I similarly order that:

    1.Leave be granted to the applicant to amend the application in terms of the document entitled “Further Amended Application” annexed to the affidavit of Tamara Simone Cole affirmed on 13 January 2011.

    2.The name of Talbot Hood, now deceased, be removed from the names of persons constituting the applicant.

    3.The said document entitled “Further Amended Application” do stand as the further amended application and that further filing and service of the further amended application be dispensed with.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.

Associate:

Dated:        18 March 2011

Details
AGLC
Roberts v Northern Territory of Australia [2011] FCA 243
Case
[2011] FCA 243
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Roberts sought to amend their application against the Northern Territory of Australia. The dispute centres around claims of negligence and breach of duty of care by the Northern Territory in relation to the death of an individual. The case was brought by the estate of the deceased and the applicant sought to amend the initial application to reflect new information and adjust the parties involved.

The court had to decide whether the application should be amended as sought by the applicant, and if so, whether the name of Talbot Hood, who had passed away, should be removed from the list of applicants. The court also needed to determine whether the proposed "Further Amended Application" could stand as the new application and whether further filing and service were necessary.

In granting the application for amendment, the court found that the new information provided a valid basis for the changes. The court reasoned that since Talbot Hood had passed away, his name should no longer appear on the application. The court also accepted that the "Further Amended Application" could serve as the new application without the need for further formalities. This decision streamlined the process and ensured that the application accurately reflected the current circumstances and parties involved.

Orders

Orders of the court

1. Leave be granted to the applicant to amend the application in terms of the document entitled “Further Amended Application” annexed to the affidavit of Tamara Simone Cole affirmed on 13 January 2011.

2. The name of Talbot Hood, now deceased, be removed from the names of persons constituting the applicant.

3. The said document entitled “Further Amended Application” do stand as the further amended application and that further filing and service of the further amended application be dispensed with.

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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