Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toogood v Mission Fantastic Pty Ltd trading as Ray White Mission Beach [2011] FCA 650 Citation: Toogood v Mission Fantastic Pty Ltd trading as Ray White Mission Beach [2011] FCA 650
Parties: STEVEN PAUL TOOGOOD v MISSION FANTASTIC PTY LTD ACN 109 264 655 TRADING AS RAY WHITE MISSION BEACH, RICHARD JON ROSS WILLIAMS and LORRAINE MARY WILLIAMS
File number: QUD 83 of 2008
Judge: COLLIER J
Date of judgment: 8 June 2011
Catchwords: PRACTICE AND PROCEDURE – failure or refusal of applicant to primary proceedings to file notice of discontinuance – primary proceedings settled by mediation in 2008 – deed of settlement recorded terms of binding full and final settlement of proceedings – whether application in the primary proceedings should be dismissed as abuse of process – whether application in the primary proceedings should be dismissed as having no reasonable prospect of success – costs
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A(2) Trade Practices Act 1974 (Cth) Workplace Relations Act 1996 (Cth) Federal Court Rules O 20 r 5, O 22 r 2, O 35 r 1
Cases cited: Corbett v Bolesworth [2009] NZHC 1208 cited Re Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 cited Thompson v Macedon Shire Ranges Council [1999] VSC 338 cited
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