Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owston Nominees No 2 Pty Limited v Branir Pty Limited [2003] FCA 629 Practice and Procedure– Final orders (after appeal) entered – construction and interpretation of those orders – orders not reflecting intention of the Court in respect of issues not raised on appeal – power to make additional orders so that the orders already entered reflect the intention of the Court.
Constitution ss 51(xxxix), 71, 77 (i) Federal Court of Australia Act 1976 (Cth); ss 5, 19, 22, 23 Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 35 r 7 Owston Nominees No 2 Pty Limited v Branir Pty Limited [2000] FCA 145 referred to Branir Pty Ltd v Owston Nominees No 2 Pty Limited [2001] FCA 1833 referred to Repatriation Commission v Nation (1995) 57 FCR 25 discussed Caboolture Park v White Industries (1993) 45 FCR 224 discussed Gikas v Papanayiotou [1977] 2 NSWLR 944 discussed and followed Ecrosteel Pty Limited v Pefor Printing Pty Limited (12 November 1997 unreported) referred to Lawrie v Lees (1881) 7 App Cas 19 applied Re Swire; Mellor v Swire (1885) 30 Ch D 239 referred to Hatton v Harris [1892] AC 547 referred to Milson v Carter [1893] AC 638 referred to Coppins v Helmers; Brambles Constructions Pty Ltd (Third Party) (1969) 72 SR (NSW) 273 referred to Australian Energy v Lennard Oil NL (No 29)[1988] Qd R 230 referred to Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78 referred to Hanave Pty Ltd v LFOT Pty Ltd [2000] FCA 388 referred to Re Muirhead; Ex parte Commonwealth Bank [1997] FCA 365 referred to Blacktown Concrete v Ultra Refurbishing (1998) 43 NSWLR 484 referred to Re Macks; Ex parte Saint (2000) 204 CLR 158 referred to Jackson v Sterling Industries Ltd (1987) 162 CLR 612 referred to Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 referred to Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 referred to Williams v Minister for the Environment and Heritage [2003] FCA 627 referred to Re Wakim; Ex parte McNally (1999)198 CLR 511 referred to OWSTON NOMINEES NO 2 PTY LIMITED & ANOR v BRANIR PTY LIMITED & ORS NG 3184 of 1995 ALLSOP J 27 JUNE 2003 SYDNEY
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