Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd [2008] FCA 1316
KOOEE COMMUNICATIONS PTY LTD (ACN 011 341 331) v PRIMUS TELECOMMUNICATIONS PTY LTD (ACN 071 191 396)
VID 583 of 2008
GORDON J
25 AUGUST 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 583 of 2008
BETWEEN: KOOEE COMMUNICATIONS PTY LTD (ACN 011 341 331)
Applicant
AND: PRIMUS TELECOMMUNICATIONS PTY LTD (ACN 071 191 396)
Respondent
JUDGE: GORDON J DATE OF ORDER: 25 AUGUST 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The amended notice of motion be dismissed. 2. The Applicant pay the respondent's costs of and incidental to the notice of motion and the amended notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 583 of 2008
BETWEEN: KOOEE COMMUNICATIONS PTY LTD (ACN 011 341 331)
Applicant
AND: PRIMUS TELECOMMUNICATIONS PTY LTD (ACN 071 191 396)
Respondent
JUDGE: GORDON J
DATE: 25 AUGUST 2008
PLACE: MELBOURNE
REASONS FOR JUDGMENT
Introduction 1 The Applicant, Kooee Communications Pty Ltd ("Kooee"), seeks an extension of time to apply for leave to appeal from an interlocutory judgment of Marshall J dismissing a motion for summary judgment on Anshun estoppel grounds: Primus Telecommunications Pty Ltd v Kooee Communications Pty Ltd [2008] FCA 1027. For the reasons that follow, the interlocutory judgment is neither attended by sufficient doubt nor would it give rise to substantial injustice, if leave to appeal were denied, to warrant the grant of an extension of time to apply for leave to appeal. The amended notice of motion filed on 12 August 2008 will be dismissed with costs.
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