Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perdon Pty Ltd v Law Coast Mortgages Pty Ltd [1999] FCA 512
INJUNCTION –injunction restraining publication of defamatory material – filing of defamatory material as annexure to affidavit in Court an attempt to make the publication privileged - abuse of process.
PRACTICE AND PROCEDURE – cross vesting of proceedings from Federal Court of Australia to Supreme Court of Queensland – proceedings brought by one set of interests in Supreme Court of Queensland, and proceedings brought by opposing set of interests in Federal Court of Australia – proceedings in Supreme Court of Queensland commenced prior to proceedings in Federal Court of Australia – proceedings in each court involve causes of action in respect of which the Federal Court of Australia would have jurisdiction only by virtue of the accrued jurisdiction.
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s5(4). Defamation Act 1889 (Qld), s13(1)(c). Bankinvest AG v Seabrook (1988) 14 NSWLR 711 discussed.
PERDON PTY LTD V LAW COAST MORTGAGES PTY LTD & ORS Q 1 OF 1999 GREGORY ERIC ROGERS V LAW COAST MORTGAGES PTY LTD & ORS Q 2 OF 1999 SPENDER J 21 APRIL 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 1 OF 1999
BETWEEN: PERDON PTY LTD
Applicant
AND: LAW COAST MORTGAGES PTY LTD, KIM CHRISTIE, ALAN CHARLES PARRY, IAN CHARLES GRIFFITHS, CHRISTINE MATSINGER and MALCOLM DONALD McCOLM
Respondent
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 2 OF 1999
BETWEEN: GREGORY ERIC ROGERS
Applicant
AND: LAW COAST MORTGAGES PTY LTD, KIM CHRISTIE, ALAN CHARLES PARRY, IAN CHARLES GRIFFITHS, CHRISTINE MATSINGER and MALCOLM DONALD McCOLM
Respondent
JUDGE: SPENDER J
DATE: 21 APRIL 1999
PLACE: BRISBANE
THE COURT ORDERS THAT:
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