Abbott v Pauline Hanson's One Nation [2002] QCA 391

1 [2002] QCA 391 COURT OF APPEAL DAVIES JA Appeal No 2308 of 2002 TERRY PATRICK SHARPLES (Not Party to Appeal/ (Plaintiff) DESMOND J O'SHEA ` (Not Party to Appeal/ First Defendant) PAULINE HANSON'S ONE NATION Respondent (Second Defendant) THE HON. ANTHONY JOHN ABBOTT Applicant (Not Party to Appeal) BRISBANE ..DATE 26/09/2002 ORDER -- 1 of 2 -- 26092002 T1/MLG M/T COA226/2002 2 ORDER 1 10 20 30 40 50 60 DAVIES JA: This is an application to strike out a subpoena purportedly issued by Mr Ettridge, the respondent to this proceeding. There are, it seems to me, a number of fatal errors in the subpoena. The proceeding in which it purports to be filed has been completed some time ago by judgment. Mr Ettridge was never a representative party on the side he apparently wishes to appear in that proceeding and is not now, and there are other substantial difficulties in the way of this subpoena. I have read the material and the written outline put forward by Mr Smith. It seems to me plain that the subpoena must be struck out and accordingly I strike it out. MR SMITH: Would your Honour order costs in my client's favour? DAVIES JA: Yes, Mr Smith. DAVIES JA: The subpoena is struck out with costs. ----- -- 2 of 2 --