Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Webworks Pty Ltd v Adultshop.Com.Limited & Ors [2002] FCA 389
PROCEDURE – setting aside of orders – interlocutory springing order – leave to appeal granted – notice of appeal alleging prejudgment – whether discretion of court extends to vacating springing order on motion of party in whose favour it was made Federal Court Rules O 35 r 7
Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (No 18) (1995) 133 ALR 667 referred to Western Suburbs Electrical Supplies Pty Ltd v Russell Electrical Services Pty Ltd (1994) 52 FCR 194 referred to Wati v Minister for Immigration & Multicultural Affairs (1997) 148 ALR 578 referred to Opalswan Pty Ltd v Commercial & General Acceptances Pty Ltd (RD Nicholson J, 19 December 1996, unreported) referred to Wentworth v Rogers (No 9) (1987) 8 NSWLR 388 referred to State Rail Authority of New South Wales v Codelfa Construction Pty Ltd (No 2) (1982) 150 CLR 29 referred to Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 referred to De L v Director-General, NSW Department of Community Services (1997) 190 CLR 207 followed CAPITAL WEBWORKS PTY LTD v ADULTSHOP.COM.LIMITED and MALCOLM DAY and MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD W49 of 2000 RD NICHOLSON J 4 APRIL 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W49 of 2000
BETWEEN: CAPITAL WEBWORKS PTY LTD
APPLICANT
AND: ADULTSHOP.COM.LIMITED
FIRST RESPONDENT
MALCOLM DAY
SECOND RESPONDENT
MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD
THIRD RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 4 APRIL 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The motion of the third respondent to set aside order 1 made on 28 February 2002 be refused. 2. Counsel be heard as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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