Wride v IP Australia

[2004] FCA 282

FEDERAL COURT OF AUSTRALIA

Wride v IP Australia [2004] FCA 282

DONALD CHARLES WRIDE v IP AUSTRALIA

S 176 OF 2002

LANDER J
ADELAIDE
23 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 176 OF 2002

BETWEEN:	DONALD CHARLES WRIDE APPLICANT
AND:	IP AUSTRALIA RESPONDENT
JUDGE:	LANDER J
DATE OF ORDER:	23 MARCH 2004
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.Pursuant to O 11 r16 the amended statement of claim is struck out.

2.Pursuant to O 20 r2 the applicant’s application is dismissed.

3.The applicant pay the respondent’s costs including the costs ordered by the Full Court to be costs in the cause.

Note:  Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 176 OF 2002

BETWEEN:	DONALD CHARLES WRIDE APPLICANT
AND:	IP AUSTRALIA RESPONDENT

JUDGE:	LANDER J
DATE:	23 MARCH 2004
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. For the reasons published this day by me in the matter of Wride v Schulze (file number S 175 of 2002), except the reasons contained in paragraphs [48] to [52], I make the following orders:

   1.        Pursuant to O 11 r 16 the amended statement of claim is struck out.

   2.        Pursuant to O 20 r 2 the applicant’s application is dismissed.

   3.The applicant pay the respondent’s costs including the costs ordered by the Full Court to be costs in the cause

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

Associate:

Dated:             23 March 2004

Counsel for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	Mr B Krupka
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 March 2004
Date of Judgment:	23 March 2004