Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal [2011] FCA 424 Citation: Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal [2011] FCA 424
Parties: BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) v PANKAJ OSWAL, RADHIKA OSWAL and COMICAL ALI MILITANT VEGETARIAN PTY LTD
File number: WAD 66 of 2011
Judge: MCKERRACHER J
Date of judgment: 29 April 2011
Catchwords: PRACTICE AND PROCEDURE – temporary stay of Federal Court proceeding sought – proceeding in Federal Court issued shortly after similar proceedings in Supreme Court raising potentially the same issues – some parties to proceedings different – different relief sought - Federal Court of Australia Act 1976 (Cth) ss 23, 37M(1) – exercise of discretion – both proceedings in their infancy - whether one proceeding is more advanced than the other – whether it can be concluded that one proceeding is likely to have a material effect on the other – whether there is a public interest in staying the Federal Court proceeding – whether there will be a substantial waste of cost and resources – prima facie obligation of the court to permit a party to have case heard in the court and venue of choice - whether the second proceeding is vexatious, oppressive or an abuse of process
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 37M(1)
Cases cited: Arkin v Tridon Australia Pty Ltd [2002] FCA 1629 Balescope Pty Ltd v Pegasus Leasing Ltd (1994) 125 ALR 483 B P Australia Limited v Bennett & Anor (unreported, Supreme Court of New South Wales, Equity Division, McLelland J, 17 August 1983) Cope Allman (Aust) Ltd v Celermajer (1968) 11 FLR 488 Henry v Henry (1996) 185 CLR 571 J Aron Corporation v Newmont Yandal Operations Pty Ltd [2005] NSWSC 1159 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75 Owners-Strata Plan No 51487 v Broadsand Pty Ltd (2001) 132 IR 361 Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd (1992) 34 FCR 287 Union Steamship Co of New Zealand Ltd v The Caradale (1937) 56 CLR 277
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