Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oswal v Apache Corporation [2014] FCA 642 Citation: Oswal v Apache Corporation [2014] FCA 642
Parties: PANKAJ OSWAL v APACHE CORPORATION
File number: WAD 389 of 2013
Judge: GILMOUR J
Date of judgment: 24 June 2014
Catchwords: PRACTICE AND PROCEDURE - application by applicant for stay of proceeding pending the determination of another proceeding - relevant considerations - commonality of issues - which proceeding was commenced first - whether the determination of one proceeding is likely to have a material effect on the other - public interest considerations - possibility for conflicting determinations - circumstances relating to witnesses - whether work done might be wasted - progress of proceedings - balancing disadvantages and advantages - stay refused.
Legislation: Trade Practices Act 1974 (Cth) s 52 Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M(1)
Cases cited: CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345 Henry v Henry (1996) 185 CLR 571 Jackamarra v Krakouer (1998) 195 CLR 516 Oswal v Burrup Fertilisers Pty Ltd (recs and mgrs apptd) (2011) 85 ACSR 531 Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited (1992) 34 FCR 287 Union Steamship Company of New Zealand Limited v The Caradale (1937) 56 CLR 277 Watson v Foxman (1995) 49 NSWLR 315
Date of hearing: 15 May 2014
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