Still v Investec Bank (Australia) Limited [2014] FCA 655

FEDERAL COURT OF AUSTRALIA

Still v Investec Bank (Australia) Limited [2014] FCA 655 Citation: Still v Investec Bank (Australia) Limited [2014] FCA 655

Parties: MICHAEL ANTHONY STILL v INVESTEC BANK (AUSTRALIA) LIMITED

File number: NSD 2601 of 2013

Judge: FLICK J

Date of judgment: 20 June 2014

Catchwords: PRACTICE AND PROCEDURE – two offers made – acceptance of offer that remained open – offer that was accepted not subject to an implied term not to commence any further proceeding – discontinuance CONTRACT – implied term – not necessary to avoid an unworkable situation

Legislation: Federal Court Rules 2011 (Cth) rr 25.10(a), 26.12(2), 26.14

Cases cited: Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589

Date of hearing: 3 June 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Counsel for the Applicant: Mr P M Knowles

Solicitor for the Applicant: Birchall Legal

Counsel for the Respondent: Mr A M Hochroth

Solicitor for the Respondent: Herbert Smith Freehills

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2601 of 2013

BETWEEN: MICHAEL ANTHONY STILL

Applicant

AND: INVESTEC BANK (AUSTRALIA) LIMITED

Respondent

JUDGE: FLICK J DATE OF ORDER: 20 JUNE 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The parties are to bring in Short Minutes of Orders to give effect to these reasons within 7 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.