Stack, L.E. & Ors v Coast Securities No 9. Pty Ltd [1983] FCA 47

CATCHWORDS

TRADE PRACTICES - purchase of units in a building prior to its completion - alleged misrepresentations in contravention of ss. 52, 53(aa) and 53A of the Trade Practices Act 1974 (Cwlth) - notices of recission - respondent commences proceedings in

the Supreme Court of Queensland for specific performance - applicants seek orders declaring the contracts to be void abinitio, refund of deposits paid, damages and injunctions restraining the respondent from further prosecuting the Supreme Court proceedings, and, where appropriate, from enforcing the Supreme Court judgments for specific performance.

INTERLOCUTORY INJUNCTIONS - nature and basis of proceedings

in the Federal Court and the Supreme Court - existence of an arguable case to justify an interlocutory injunction - jurisdictions of Federal and State Courts - federal jurisdiction in matters in State courts - nature and extent of Federal Court's

exclusive jurisdiction under s.86 of the Trade Practices Act -

cross-claims - associated jurisdiction - the State courts and the Family Court - jurisdiction in these proceedings - final relief to which interlocutory injunctions may be adjectival

- powers of Federal Court to grant the injunctions sought - stay

of Supreme Court proceedings - refusal of injunction.

Trade Practices Act 1974 (Cwlth), ss 52, 53(aa), 53A, 80, 84, 86 & The Commonwealth of Australia Constitution Act, ss. 75, 76(i), 76(i1), 77(1), 77 (12)

Judiciary Act 1903 (Cwlth), ss. 38, 39(1), 39(2)

Federal Court of Australia Act 1976 (Cwlth), ss 5, 21, 22, 23 & 32 Family Law Act 1975 (Cwlth), ss 78, 79 & 114

Supreme Court Act 1868 (Q1d)

L.E. STACK v. COAST SECURITIES NO. 9 PTY LTD (Qld G8 of 1983) WENLOWE PTY LTD AND ANOR v. COAST SECURITIES NO. 9 PTY LTD (Qld G9 of 1983) WENLOWE PTY LTD v. COAST SECURITIES NO. 9 PTY LTD (Q1d G10 of 1983) R. MACKIE AND STAFF (VIC) PTY LTD v. COAST SECURITIES PTY LTD (Qld G15 of 1983)