Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macteldir Pty Ltd v Dimovski [2003] FCAFC 228
JURISDICTION OF COURT – Prior proceeding resolved by agreed orders being accepted as undertakings to Court – Motion for orders extending beyond the terms of the undertakings – Whether Court has jurisdiction to grant the proposed relief – Discussion of Court's powers to enforce agreements of parties embodied in consent orders or undertakings. Roberts v Gippsland Agricultural and Earth Moving Contracting Pty Ltd [1956] VLR 555 discussed and applied. Federal Court of Australia Act 1976 (Cth) ss 23, 32 MACTELDIR PTY LTD v MILE DIMOVSKI and ROCKDALE ILINDEN SOCCER CLUB INC N207 of 2001 WILCOX, JACOBSON AND BENNETT JJ 17 OCTOBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N207 of 2001
BETWEEN: MACTELDIR PTY LTD
APPLICANT
AND: MILE DIMOVSKI
FIRST RESPONDENT
ROCKDALE ILINDEN SOCCER CLUB INC
SECOND RESPONDENT
JUDGES: WILCOX, JACOBSON AND BENNETT JJ
DATE OF ORDER: 17 OCTOBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The question in the Special Case dated 14 March 2003 be answered 'No'. 2. The applicant, Macteldir Pty Ltd, pay the costs of the respondents, Mile Dimovski and Rockdale Ilinden Soccer Club Inc, in relation to the Special Case. 3. The matter be remitted to Madgwick J for determination. 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 N207 of 2001
BETWEEN: MACTELDIR PTY LTD
APPLICANT
AND: MILE DIMOVSKI
FIRST RESPONDENT
ROCKDALE ILINDEN SOCCER CLUB INC
SECOND RESPONDENT
JUDGES: WILCOX, JACOBSON AND BENNETT JJ J
DATE: 17 OCTOBER 2003
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