Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APIR Systems Limited v Donald Financial Enterprises Pty Ltd [2008] FCA 1448
Australian Securities and Investment Commission Act 2001 (Cth), s 12DA, s 12GM Corporations Act 2001 (Cth), ss 1041E, 1041H, 1041I, 1325(1), 1325(5) Trade Practices Act 1974 (Cth), s 82, s 87 Donald Financial Enterprises Pty Ltd v APIR Systems Ltd [2008] FCA 1112related Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685followed Kalifair Pty Ltd v Digi-Tech (Australia) Ltd; McLean Tecnic Pty Ltd v Digi-Tech (Aust) Ltd (2002) 55 NSWLR 737distinguished Philip Morris (Australia) Ltd v Nixon [1999] FCA 1281 followed APIR SYSTEMS LIMITED ACN 081 044 957, ANDREW WILLIAM HUTCHINGS BROSO, ANDREW JOSEPH RILEY, MAUREEN CANE, NOEL FRANCIS WICKS and DAVID MCGREGOR v DONALD FINANCIAL ENTERPRISES PTY LTD ACN 083 141 628 AS TRUSTEE FOR THE ELYSUM TRUST
NSD 1306 of 2008
FOSTER J
23 SEPTEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1306 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APIR SYSTEMS LIMITED ACN 081 044 957
First Appellant
ANDREW WILLIAM HUTCHINGS BROSO
Second Appellant
ANDREW JOSEPH RILEY
Third Appellant
MAUREEN CANE
Fourth Appellant
NOEL FRANCIS WICKS
Fifth Appellant
DAVID MCGREGOR
Sixth Appellant
AND: DONALD FINANCIAL ENTERPRISES PTY LTD ACN 083 141 628 AS TRUSTEE FOR THE ELYSUM TRUST
Respondent
JUDGE: FOSTER J
DATE OF ORDER: 23 SEPTEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Motion filed by the appellants on 21 August 2008 be dismissed. 2. The appellants pay the respondent's costs of and incidental to that Notice of Motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate