Walker v Telstra Corporation Ltd

[2007] FCA 698

FEDERAL COURT OF AUSTRALIA

Walker v Telstra Corporation Ltd [2007] FCA 698

KELL WALKER v TELSTRA CORPORATION LIMITED
NSD 153 OF 2007

ALLSOP J
10 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 153 OF 2007

BETWEEN:	KELL WALKER Applicant
AND:	TELSTRA CORPORATION LIMITED Respondent

JUDGE:	ALLSOP J
DATE OF ORDER:	10 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceedings be stood over for directions and the motion of Telstra be stood over for hearing on Friday, 20 July 2007 at to 2.15 pm.

2.The costs of today are reserved.

THE COURT DIRECTS THAT:

3.Any further evidence and or submissions by any party be filed and served on or before Monday, 16 July 2007.

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 153 OF 2007

BETWEEN:	KELL WALKER Applicant
AND:	TELSTRA CORPORATION LIMITED Respondent

JUDGE:	ALLSOP J
DATE:	10 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I made orders on 21 March 2007 for reasons set out in the judgment read on that day, adjourning the proceeding and the motion to today, and giving the applicant, Mr Walker, through Ms Owens, a further opportunity to deal with his current position in Vanuatu where he is facing charges.  I indicated on the last occasion that I would set this matter down for hearing in early June 2007 upon my return from other commitments and from leave, unless there was fresh information from Mr Walker affecting his position which justified some other course.

2. On 7 May 2007, Ms Owens filed an affidavit of herself sworn on 2 May 2007, which indicates, amongst other things, that Mr Walker will be standing trial at the end of the first week of June in Vanuatu.  Various other matters are dealt with in the affidavit, including assertions of the legitimacy and size of the claim said to be a claim for $260 million.  Ms Owens, on behalf of Mr Walker, seeks to have the matter adjourned until the beginning of July 2007.  It is not clear from her affidavit whether she means adjourned for mention or for hearing of the motion.  Telstra opposes the adjournment and seeks to have its motion dealt with in early June 2007. 

3. I think, in all the circumstances, the appropriate course to take is to set the motion down for hearing in early July, thereby accommodating Mr Walker, but not leaving the matter in limbo.  Therefore I am prepared to grant a further period of grace to Mr Walker to sort out his affairs in Vanuatu and return to Australia, should he be acquitted, but I think, in all the circumstances, the motion of Telstra should be heard reasonably promptly in July. 

4. Therefore the orders that I make are:

   1.The proceedings be stood over for directions and the motion of Telstra be stood over for hearing on Friday, 20 July 2007 at to 2.15 pm.

   2.The costs of today are reserved.

5. I’ll make this direction, that any further evidence and/or submissions by any party is to be filed and served on or before Monday, 16 July 2007. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:
Dated:       14 May 2007

Solicitor for the Applicant:	Ms S Owens
Counsel for the Respondent:	Mr R Peters
Solicitor for the Respondent:	Arnold Bloch Leibler
Date of Hearing:	10 May 2007
Date of Judgment:	10 May 2007