Federal Court of Australia
CATCHWORDS
Practice and procedure - proceedings commenced in State Supreme Court - similarity of relief sought under ss. 52, 53A, 87, Trade Practices Act, 1974 with common law issues ~ Jurisdiction of Federal Court - s.80, Trade Practices Act, 1974 - s.19, Federal Court Act, 1976 - inherent jurisdiction - Power of Federal Court to restrain action in State Supreme Court - s.23, Federal Court Act, 1976 - propriety of granting interlocutory relief.
ST JUSTINS PROPERTIES PTY LTD and ORS v.
RULE HOLDINGS PTY LTD W.A. No. Gl of 1980 Coram. TOOHEY J.
14 February 1980 Darwin.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W.A. No. Gl of 1980
wee
GENERAL DIVISION
BETWEEN: ST. JUSTINS PROPERTIES PTY.
LTD. GARY RUSSELL SLEE GLENYS LORRAINE SLEE
SALKO CUPLOVIC and LUCIO | CUPLOVIC .
(Applicants) AND: RULE HOLDINGS PTY. LTD.
(Respondent) CORAM - TOOHEY J,
14 February 1980
REASONS FOR JUDGMENT TOOHEY J.
The applicants seek by way of interlocutory relief an order restraining the respondent from continuing proceedings in the Supreme Court of Western Australia in which the respondent is plaintiff and the applicants are defendants.
In the substantive application before this Court the applicants claim various heads of relief arising out of a lease transaction into which they entered (the first applicant as lessee, the others as guarantors) on 19 September 1977. It was a lease of buildings in a suburban shopping centre and the applicants plead representations made fraudulently or negligently which
they say induced the lease and guarantee and which as
2. well constituted a collateral warranty or condition precedent. A declaration is sought that the lease has been validly rescinded by the applicants or that they are entitled so to rescind, a discharge from the guarantee, damages and a catch-all described as - "further andother relief including but not restricted to variation of or termination of the subject lease, the Guarantee and any associated covenants".
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