Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clough Engineering Ltd v Oil & Natural Gas Corporation Ltd [No 4] [2007] FCA 2110
INJUNCTION – orders discharging ex parte and inter partes interlocutory injunctions – injunctions to restrain calling upon and payment under performance guarantees – application for stay of execution of orders and extension of injunctions pending determination of foreshadowed application for leave to appeal from the orders - stay and extensions granted. Trade Practices Act 1976 (Cth), s 51AA Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Limited [1998] 84 FCR 367 cited Clough Engineering Ltd v Oil & Natural Gas Corporation Ltd [No 3] [2007] FCA 2082 referred to Erinford Properties Ltd v Cheshire County Council [1974] Ch 261 followed Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572 cited Smith v New South Wales Bar Association (1991) 66 ALJR 219 cited Visy Industries Holdings Pty Ltd v Australian Competition and Consumer Commission [2007] FCAFC 147 cited CLOUGH ENGINEERING LIMITED v OIL AND NATURAL GAS CORPORATION LIMITED, COMMONWEALTH BANK OF AUSTRALIA, HSBC BANK AUSTRALIA LIMITED AND BNP PARIBAS WAD 117 OF 2007
GILMOUR J
21 DECEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 117 OF 2007
BETWEEN: CLOUGH ENGINEERING LIMITED
(ACN 009 093 869)
Applicant
AND: OIL AND NATURAL GAS CORPORATION LIMITED
First Respondent
COMMONWEALTH BANK OF AUSTRALIA
(ACN 123 123 124)
Second Respondent
HSBC BANK AUSTRALIA LIMITED (ACN 006 434 162)
Third Respondent
BNP PARIBAS (ABN 23 000 000 117)
Fourth Respondent
JUDGE: GILMOUR J
DATE OF ORDER: 21 DECEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. This Notice of Motion be returnable instanter. 2. The execution of orders made on 21 December 2007 be stayed pending the determination of an application for leave to appeal from the judgment of the Honourable Justice Gilmour delivered on 21 December 2007 by the applicant. 3. Upon the applicant's undertaking as to damages, the injunction granted by paragraphs 4 and 5 of the Order of 19 June 2007 be extended pending the determination of an appeal referred to in paragraph 2 above. 4. In the event the applicant does not file an application for leave to appeal or a notice of appeal with respect to the judgment referred to in paragraph 2 above by 4.00 pm on 16 January 2008, the stay granted in paragraph 2 above and the injunction extended in paragraph 3 above be dissolved. 5. Costs be reserved on the motion. 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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