Federal Court of Australia
CATCHWORDS
Practice and procedure - Appeal from interlocutory orders - Federal Court jurisdiction - Trade Practices Act s.86 - Claim of equitable set-off under s.52 - Whether exclusively federal - Whether parties should be restrained from proceeding in Supreme Court - Principles applicable to choice of appropriate court to determine matter - Whether Federal Court claims genuine - Whether
a serious question to be tried - Balance of convenience.
Federal Court of Australia Act 1976, s.23 Trade Practices Act, ss.45, 52, 82, 86, 87 Judicature Act 1878 (Qld), s.4(5)
Property Law Act 1974 (Qld), s.95
WESTPAC BANKING CORPORATION & ORS. -V- ELTRAN PTY LIMITED & ORS.
OLD G. 162 OF 1986
ELTRAN PTY LIMITED & ORS. -V- WESTPAC BANKING CORPORATION & ORS.
QLD G. 141 OF 1986
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Fox, Northrop & Burchett JJ. Sydney 26 June 1987
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IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G.162 of 1986
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GENERAL DIVISION
ON APPEAL FROM THE HONOURABLE MR. JUSTICE SPENDER
BETWEEN:
WESTPAC BANKING CORPORATION & ORS.
Appellants AND:
ELTRAN PTY LIMITED & ORS.
Respondents
G.141 of 1986 BETWEEN:
ELTRAN PTY LIMITED & ORS.
Appellants AND:
WESTPAC BANKING CORPORATION & ORS.
Respondents
CORAM: Fox, Northrop and Burchett JJ. PLACE: Sydney DATE: 26 June 1987
REASONS FOR JUDGMENT
FOX & BURCHETT JJ.
On 9 and 10 April 1987 the Court heard an appeal by
Westpac Banking Corporation and others ("the Bank") as well as an application for leave to appeal. The application for leave and
the appeal for which leave was sought were heard together. The
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Court announced its decisions at the time, and said that reasons would be delivered later. The matters raised are interlocutory in nature and an important consideration which influenced us in the course we took was the desirability of facilitating the speedy progress of the proceeding to a final hearing. The orders
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