Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kruhse Enterprises Pty Ltd v Darwin Fibreglass Pty Ltd [1999] FCA 20
PRACTICE AND PROCEDURE – application for leave to appeal to the Full Court – whether there was a judgment that can be the subject of an application for leave – whether a successful appeal would bring the litigation to an end – whether any substantial injustice would result if leave were refused. Copyright Act 1968 (Cth), ss 77, 131 Northern Territory Supreme Court Rules, O 47.04 Landsal Pty Ltd (in liq) v REI Building Society (1993) 113 ALR 643 followed Decor Corporation Pty Ltd v Dart Industries Incorporated (1991) 104 ALR 621 followed Niemann v Electronic Industries Ltd (1978) VR 431 cited Arrowcrest Group v Gill (1993) 46 FCR 90 cited KRUHSE ENTERPRISES PTY LTD v DARWIN FIBREGLASS PTY LTD
No. DG 9 of 1998 O'LOUGHLIN J 22 JANUARY 1999 ADELAIDE (Heard in Darwin)
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT DG 9 OF 1998
REGISTRY
BETWEEN: KRUHSE ENTERPRISES PTY LTD
Applicant
AND: DARWIN FIBREGLASS PTY LTD (ACN 070 480 536)
Respondent
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 22 JANUARY 1999
WHERE MADE: ADELAIDE (Heard in Darwin)
THE COURT ORDERS THAT: 1. The application for leave to appeal to the Full Court be dismissed. 2. The applicant on the motion for leave pay the respondent's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT DG 9 OF 1998
REGISTRY
BETWEEN: KRUHSE ENTERPRISES PTY LTD
Applicant
AND: DARWIN FIBREGLASS PTY LTD (ACN 070 480 536)
Respondent
JUDGE: O'LOUGHLIN J
DATE: 22 JANUARY 1999
PLACE: ADELAIDE (Heard in Darwin)
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