Federal Court of Australia
CATCHWORDS
Courts - Pederal jurisdiction - Trade Practices Jurisdiction - proceedings in Federal Court in respect of alleged misleading and deceptive conduct in course of sale of home unit - action by respondent in Supreme Court for specific performance of contract of sale ~ poweer of Federal Court to restrain respondent from continuing proceedings in Supreme Court - relevance of possibility that relief in Federal Court would include order varyang terms of contract or declaration avoiding the contract - whether proceedings in Supreme Court would render Trade Practices Act inoperative - whether likely to endanger or prejudice ultimate achievement of justice
according to the totality of laws applacable.
Trade Practices Act 1974 ss.52, 53, 53a, 82 and 87.
Commonwealth Constitution ss.75 and 76.
Federal Court of Australia Act 1976 ss.22 and 32.
TURELIN NOMINEES PTY. LTD. v. DAINFORD LIMITED
VG No. 202 of 1982
Smithers J.
12 Aprii 1983
Melbourne.
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IN THE FEDERAL COURT OF AUSTRALIA)
)
VICTORIA DISTRICT REGISTRY ) VG No. 202 of 1982 ) )
GENERAL DIVISION
Between: TURELIN NOMINEES PTY. LTD.
(Applicant)
And: DAINFORD LIMITED
(Respondent)
Judge Making Order: Smithers J.
Date of Order: 12 April 1983 Where Made: Melbourne ORDER
i THE ORDER OF THE COURT IS :
(1) That the respondent be restrained until proceedings herein are finalised or further order, from proceeding further in the Supreme Court of
Queensland in proceedings No. 552 of 1983 issued on
the 8th day of February, 1983.
(2) That the respondent pay the applicant's costs of
and incidental to this motion.
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Mme tele ee nee ene tet er a
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
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