Federal Court of Australia
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PRACTICE AND PROCEDURE ~- claim under Trade Practices Act arising out of representations prior to contract for provision of services - natural gas pipeline ~- computerised leak detection facility -
matter subject of prior proceedings in Supreme Court ~- application
for stay of Federal Court proceedings - application to restrain respondents from proceeding in Supreme Court - proceedings involving issues of factual and legal complexity ~- substantial
work done in Supreme Court - date for hearing allocated - ability of Federal Court to give wide range of relief on wider bases - - power under s.87 to delete contract clause limiting liability - waste of judicial resources if Supreme Court proceedings aborted - issue estoppels permitting resolution of some issues for purposes of action in Federal Court - no estoppel to preclude exercise of exclusive jurisdiction by Federal Court - comity - application to
stay Federal Court proceedings granted.
State Ener Commission Act 1979 Trade Practices Act 1974 s.52, s.87
Jillawarra Grazing Company v John Shearer Ltd (1982) 60 FLR 339 Stack v Coast Securities tio. 9) Pty Ltd (1983) 154 CLR 261 Becher v Contour Laboratories Inc. 279 US 388 (1929)
Lyons v Westinghouse Electric Corporation 222F.2d 184 (2d CIR)
Wellington Financial Resources Pty Ltd v Terre Enterprises Pty Ltd [1986] ATPR 40-745
THE STATE ENERGY COMMISSION OF WESTERN AUSTRALIA v FLUOR AUSTRALIA PTY LTD and MAUNSELL & PARTNERS PTY LTD WAG 123 OF 1986
FRENCH J. - 26 March 1987 RECEIVED FEDER RALIA
AINCIPAL EGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION No. WAG 123 of 1986
BETWEEN : THE STATE ENERGY COMMISSION OF WESTERN AUSTRALIA
Applicant
and
FLUOR AUSTRALIA PTY LTD and MAUNSELL & PARTNERS PTY LTD
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