Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MBD Management Pty Ltd v Butcher [2010] FCA 1071 Citation: MBD Management Pty Ltd v Butcher [2010] FCA 1071
Parties: MBD MANAGEMENT PTY LTD ATF MBD MANAGEMENT TRUST (ACN 084 458 159) v MARK BUTCHER AND THE PARTNERS OF ERNST & YOUNG AS LISTED IN SCHEDULE A TO THE FURTHER AMENDED APPLICATION, ANDERSEN PRIVATE WEALTH MANAGEMENT PTY LTD (ACN 091 034 007), STEVEN BREIRL AND THE PERSONS WHO TRADED AS ARTHUR ANDERSEN AS SET OUT IN SCHEDULE B TO THE FURTHER AMENDED APPLICATION and DEL MORRISON
File number: NSD 1114 of 2009
Judge: EDMONDS J
Date of judgment: 1 October 2010
Catchwords: PRACTICE & PROCEDURE – O 4 rr 11 – 13 Federal Court Rules (Cth) ('the Rules') – requirement that the originating process be served not less than five days before the first hearing date – whether the Court should exercise its discretion to regularise short service where the respondents have not identified any relevant prejudice. Held: Pursuant to O 1 r 8 of the Rules, and in accordance with the nature and purpose of O 4 rr 11 – 13, the requirement that the originating process be served not less than five days before the first hearing date, be dispensed with.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 35A(1)(h), 51(1) Federal Court Rules (Cth) O 4 rr 11 – 13 Supreme Court Rules 1970 (NSW) Pt 5 r 4A(3)
Cases cited: Re BHP Trading Asia Ltd; BHP Materials Trading Pty Ltd trading as BHP International Group and John Lysaght (Australia) Ltd v Oceaname Shipping Ltd [1991] FCA 438 considered CDJ v VAJ (1998) 197 CLR 172 cited Howey & Co Pty Ltd v Creative Projects International Pty Ltd [1973] 2 NSWLR 898considered JC Techforce Pty Ltd v Pearce (1996) 138 ALR 522 applied Protec Pacific Pty Ltd v Steuler Industriewerke GmbH [2007] VSC 93 applied Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491 cited Robinson v Kuwait Liaison Office (1997) 145 ALR 68 applied Pearce DC & Geddes RS, Statutory Interpretation in Australia (6th ed, LexisNexis Butterworths, 2006)
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