Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Highlands Pacific Limited v Orogen Minerals Limited [2002] FCA 1104
PRACTICE AND PROCEDURE - motion for determination of separate issue - motion opposed by other party - claims of misleading and deceptive conduct and relief sought under ss 82 and 87 the Trade Practices Act 1974 (Cth) - whether claim appropriate for separate determination of the issues - likelihood of appeal of preliminary determination
Trade Practices Act 1974 (Cth) ss 52, 82 and 87
Landsal Pty Ltd v REI Building Society (1993) 41 FCR 421 distinguished Tepko Pty Ltd v Water Board (2001) 178 ALR 634 referred to Energy Australia v Australian Energy Ltd [2001] FCA 1049 referred to Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718 referred to
HIGHLANDS PACIFIC LIMITED AND RAMU NICKEL LIMITED v OROGEN MINERALS LIMITED, OROGEN MINERALS (RAMU) LIMITED AND JEFFREY A QUARTERMAINE
Q 29 OF 2002
DRUMMOND J
3 SEPTEMBER 2002
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 29 OF 2002
BETWEEN: HIGHLANDS PACIFIC LIMITED
FIRST APPLICANT
RAMU NICKEL LIMITED
SECOND APPLICANT
AND: OROGEN MINERALS LIMITED
FIRST RESPONDENT
OROGEN MINERALS (RAMU) LIMITED
SECOND RESPONDENT
JEFFREY A QUARTERMAINE
THIRD RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 3 SEPTEMBER 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The notice of motion of 27 August 2002 be dismissed.
2. The applicants pay the respondents' costs of and incidental to the applicants' motion.
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 Q 29 OF 2002
BETWEEN: HIGHLANDS PACIFIC LIMITED
FIRST APPLICANT
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