Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weimann v Allphones Retail Pty Ltd (No 2) [2009] FCA 1230
PRACTICE AND PROCEDURE – dismissal of proceeding sought on the basis of alleged oral acceptance of written offer at mediation – Court's jurisdiction to enforce agreement CONTRACT – enforcement of settlement agreement – whether agreement sufficiently certain to be valid and enforceable – whether intention to be bound by any agreement – whether subjective intention relevant – whether solicitors had authority to settle the proceeding – whether certain parts of agreement could be severed from main agreement Federal Court of Australia Act 1976 (Cth) s 17, 50, 33J, 33V(1), 33X(4) Trade Practices Act 1974 (Cth) s 87(1B) Allphones Retail Pty Ltd (ACN 008 168 090) v Weimann [2009] FCAFC 135 Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Crisp & Gunn Co-operative Ltd v Hobart Corporation (1963) 110 CLR 538 Lezabar Pty Ltd v Hogan (1989) 4 BPR 9498 Masters v Cameron (1954) 91 CLR 353 Needlework Warehouse Pty Ltd v Chansonette Pty Ltd (2005) 226 ALR 252 Roberts v Gippsland Agricultural & Earth Moving Contracting Co Pty Ltd [1956] VLR 555 St George Football Association Inc v Soccer NSW Ltd [2005] NSWSC 1196 United Group Rail Services Ltd v Rail Corporation (NSW) [2009] NSWCA 177 We Two Pty Ltd v Shorrock (No 2) (2005) 220 ALR 749 NORBERT CHRISTIAN WEIMANN AS TRUSTEE FOR THE WEIMANN FAMILY TRUST NO.3 v ALLPHONES RETAIL PTY LTD ACN 008 168 090
WAD 45 of 2009
MCKERRACHER J
30 October 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION WAD 45 of 2009
BETWEEN: NORBERT CHRISTIAN WEIMANN AS TRUSTEE FOR THE WEIMANN FAMILY TRUST NO.3
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