Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheers v Entercorp Finance Pty Ltd [1999] FCA 1475
JURISDICTION – Federal Court of Australia – principal proceeding involving exercise of original jurisdiction – alleged contravention of Pt V of Trade Practices Act 1974 (Cth) – first cross-claim seeking damages against applicants for breach of contract – subsequent cross-claim seeking damages against other parties for tort of inducing breach of contract and breaches of Corporations Law and fiduciary duty – invalidity of parts of cross vesting legislation – whether subsequent cross-claim within accrued jurisdiction.
Corporations Law Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1985 (Vic) s 11 Re Wakim; ex parte McNally (1999) 163 ALR 260 applied Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 at 474 applied Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261 at 290 applied Fencott v Muller (1983) 152 CLR 570 at 608 applied Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 at 217 referred to Maisey v First Coast Pty Ltd (1984) 1 FCR 316 referred to TJM Products Pty Ltd v A & P Tyres Pty Ltd (1987) 14 FCR 33 at 47-8 referred to Walkling International Pty Ltd v Flair Men's Wear Pty Ltd (unreported, Supreme Court of Victoria, 23 December 1993 per Tadgell J) referred to
ALAN FRANCIS CHEERS & ORS v ENTERCORP FINANCE PTY LTD & ORS
No VG 106 of 1997
WEINBERG J
27 OCTOBER 1999
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 106 OF 1997
BETWEEN: ALAN FRANCIS CHEERS (and others according to the schedule attached hereto)
Applicants
AND: ENTERCORP FINANCE PTY LTD (ACN 060 214 502) (and others according to the schedule attached hereto)
Respondents
AND BETWEEN: CAPITAL INVESTMENTS CORPORATION PTY LTD
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