Federal Court of Australia
CATCHWORDS
FEDERAL JUDICIARY - application to stay Federal Court proceedings pending resolution of Supreme Court proceedings between same parties - certificate of readiness for trial executed by both parties in Supreme Court matter - substantial identity of issues - factors
to be considered - stay of Federal Court proceedings granted.
Trade Practices Act 1974 ss.52, 82, 87.
ROBERT MARK PILLIFEANT and JEANETTE MARIE PILLIFEANT v. COLEMMA PTY LTD
QLD G95 OF 1984
SPENDER J. BRISBANE 30 OCTOBER 1984
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G95 of 1984
GENERAL DIVISION )
BETWEEN :
ROBERT MARK PILLIFEANT and JEANETTE MARIE PILLIFEANT
Applicants AND: COLEMMA PTY LTD Respondent ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 30 OCTOBER 1984 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. That any further proceedings on this application be stayed pending the determination of the proceedings constituted by Supreme Court Writ No. 2243 of 1983.
2. Each party have liberty to apply. 3. The applicants pay the respondent's costs
of and incidental to this application, including reserved costs, to be taxed.
ee
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G95 of 1984
GENERAL DIVISTON )
BETWEEN :
ROBERT MARK PILLIFEANT and JEANETTE MARIE PILLIFEANT
Applicants AND:
COLEMMA PTY LTD
Respondent
SPENDER J. 30 OCTOBER 1984
EXTEMPORE REASONS FOR JUDGMENT
These proceedings were commenced by an application to
the Federal Court dated 6 September 19984. The applicants in that
application seek, essentially, a declaration that a certain
contract is void, alternatively, a declaration that the contract is rescinded, return of the deposit, and damages pursuant to
s$.82, or alternatively 3.87, of the Trade Practices Act 1974
("the Act").
The respondents, after entering an appearance, by notice of motion seek orders that any further proceedings in this application be stayed pending the determination of the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate