Federal Court of Australia
CATCHWORDS CORPORATIONS - application to wind up - applicant for winding up failed to seek an order extending time for determination of the application - statutory dismissal - whether s 459R operates to prevent the Court from correcting an error pursuant to slip rule - retrospective effect of order under slip rule. PRACTICE AND PROCEDURE - slip rule - retrospective effect of order under slip rule. Corporations Law: s 459R Federal Court Rules: O 35 r 7 ELYARD CORPORATION PTY LIMITED v DDB NEEDHAM SYDNEY PTY LTD No NG 606 of 1995
Black CJ, Lockhart and Lindgren JJ Sydney 24 November 1995
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 606 of 1995 GENERAL DIVISION )
On appeal from a Judge of the Federal Court of Australia
BETWEEN: ELYARD CORPORATION PTY LIMITED Appellant/Cross Respondent AND: DDB NEEDHAM SYDNEY PTY LTD Respondent/Cross Appellant CORAM: Black CJ, Lockhart and Lindgren JJ PLACE: Sydney DATE: 24 November 1995
MINUTE OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 3. The cross appeal be dismissed with no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 606 of 1995 GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: ELYARD CORPORATION PTY LIMITED Appellant AND: DDB NEEDHAM SYDNEY PTY LTD Respondent COURT: BLACK CJ, LOCKHART AND LINDGREN JJ PLACE: SYDNEY DATE: 24 NOVEMBER 1995 REASONS FOR JUDGMENT BLACK CJ: I have had the advantage of reading the reasons for judgment of Lockhart J and Lindgren J. I agree that, for the reasons their Honours give, the appeal and the cross appeal should be dismissed, the appellant should pay the costs of the respondent of the appeal and that there should be no order as to the costs of the cross appeal. I certify that this is a true copy of the reasons for judgment herein of the Honourable Chief Justice Black. Associate: Date: 24 November 1995
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