Federal Court of Australia
FEDERAL COURT OF AUSTRALIA APPEAL - interlocutory order setting aside service of cross-claim outside Australia because of failure of cross-claimant to establish prima facie case within O 8 r 2(2) the Federal Court Rules for contribution or indemnity - entitlement to contribution or indemnity speculative - leave refused. Corporations Law, s 205 Federal Court Rules, O 9 r 7, O 8 r 2 Wrongs Act 1958 (Vic), s 23B Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, followed Brimaud v Honeysett Instant Print Pty Ltd (McLelland J, New South Wales Supreme Court, 19 September 1988, unreported), applied
ARTHUR ANDERSEN AND CO (A FIRM) v GPA GROUP PLC & ORS QG 41 of 1998 SPENDER, DRUMMOND AND SUNDBERG JJ 13 NOVEMBER 1998 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 41 of 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ARTHUR ANDERSEN AND CO (A FIRM)
Applicant
AND: GPA GROUP PLC
First Respondent
TYROLEAN LIMITED
Second Respondent
IRISH AEROSPACE LIMITED
Third Respondent
JUDGES: SPENDER, DRUMMOND AND SUNDBERG JJ
DATE OF ORDER: 13/11/98
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Leave to appeal in each case is refused with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 41 of 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ARTHUR ANDERSEN AND CO (A FIRM)
Applicant
AND: GPA GROUP PLC
First Respondent
TYROLEAN LIMITED
Second Respondent
IRISH AEROSPACE LIMITED
Third Respondent
JUDGES: SPENDER, DRUMMOND AND SUNDBERG JJ
DATE: 13/11/98
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