Federal Court of Australia
CATCHWORODS FEDERAL JUDICIARY - application to stay Federal Court proceedings
pending resolution of Supreme Court proceedings - certificate of
readiness for trial
executed by parties in Supreme Court -
substantial identity of issue - factors to be considered - stay
of Federal Court Proceedings granted.
Trade Practices Act 1974 3.87
VINPARK INVESTMENTS PTY LTD v. DAINFORD LIMITED
QLD G136 OF 1984
SPENDER J. BRISBANE
4 DECEMBER 1984
IN_THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G136 of 1984 GENERAL DIVISION ) BETWEEN :
VINPARK INVESTMENTS PTY LTD
Applicant AND: DAINFORD LIMITED Respondent ORDER
JUDGE MAKING ORDER: SPENDER J.
DATE OF ORDER: 4 DECEMBER 1984 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. That proceedings in Application G136 of
1984 be stayed pending resolution of the Supreme Court proceedings.
2. Costs of this morning's proceedings be the respondent Dainford Limited's costs in the cause.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G136 of 1984 GENERAL DIVISTON )
BETWEEN :
VINPARK INVESTMENTS PTY LTD
Applicant
DAINFORD LIMITED
Respondent
SPENDER J. 4 DECEMBER 1984
EXTEMPORE REASONS FOR JUDGMENT
This its a notice of motion brought by the respondent to stay the application filed by Vinpark Investments Pty Limited on 27 November 1984. The application was accompanied by a statement of claim seeking, amongst other things, an order that' the applicant is not bound by an agreement entered into between the applicant and the respondent on or about 26 August 1981, and an
order for repayment of $22,100 pursuant to the provisions of 3.87
of the Trade Practices Act 1974 ("the Act") or the agreement, or,
alternatively, as money had and received or on other grounds.
The application centres on dealings involving the
entering into of a contract for the acquisition of a home unit on the Gold Coast between the applicant as purchaser and respondent as vendor. The notice of motion seeking a stay of the proceedings is essentially based on the consideration that the proceedings in the Supreme Court have reached the stage that this court would, in the exercise and control of its own process and as a matter of justice between the parties, stay the application
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