Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Salfinger v Niugini Mining (Australia) Pty Ltd [2007] FCA 470
LEGAL PRACTITIONERS – two solicitors at Corrs Chambers Westgarth acted for applicant in earlier related litigation in Supreme Court of Queensland – Corrs ceased to act – the two solicitors moved to Blake Dawson Waldron, solicitors for first respondent – before commencement of present litigation in Federal Court the two solicitors left BDW – evidence of no discussion between the two solicitors and other solicitors at BDW – no documents brought by the two solicitors Held: application to restrain BDW for acting for first respondent dismissed Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404 cited Photocure ASA v Queen's University at Kingston (2002) 56 IPR 86 cited Bureau Interprofessionnel des Vins de Bourgogne v Red Earth Nominees Pty Ltd [2002] FCA 588 applied Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501 cited Mintel International Group Ltd v Mintel (Australia) Pty Ltd (2000) 181 ALR 78 cited Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222 cited Yunghanns v Elfic Ltd (unreported, Supreme Court of Victoria, Gillard J, 3 July 1998) cited RODERICK NEIL SALFINGER v NIUGINI MINING (AUSTRALIA) PTY LTD & ANOR VID 1388 OF 2006
HEEREY J
30 March 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID1388 OF 2006
BETWEEN: RODERICK NEIL SALFINGER
Applicant
AND: NIUGINI MINING (AUSTRALIA) PTY LTD ACN 011 060 898
First Respondent
STATE OF QUEENSLAND
Second Respondent
JUDGE: HEEREY J
DATE OF ORDER: 30 mARCH 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's motion dated 16 February 2007 is dismissed with costs. 2. The Directions Hearing is adjourned to 5 June 2007 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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