Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGraw-Hill Financial Inc v City of Swan [2014] FCA 665 Citation: McGraw-Hill Financial Inc v City of Swan [2014] FCA 665
Appeal from: Application for leave to appeal and stay of proceedings: City of Swan v McGraw-Hill Companies Inc. [2014] FCA 442
Parties: MCGRAW-HILL FINANCIAL INC (A COMPANY INCORPORATED IN NEW YORK) (FORMERLY KNOWN AS MCGRAW-HILL COMPANIES INC), STANDARD & POOR'S FINANCIAL SERVICES LLC (A COMPANY INCORPORATED IN DELAWARE) and STANDARD & POOR'S INTERNATIONAL LLC (A COMPANY INCORPORATED IN DELAWARE) v CITY OF SWAN (ABN 21 086 180 442) and MOREE PLAINS SHIRE COUNCIL (ABN 46 566 790 582)
File number: NSD 503 of 2014
Judge: JACOBSON J
Date of judgment: 24 June 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal and stay of proceedings – proceeding brought against non-party from earlier proceeding for liability for damage and loss as concurrent wrongdoer – whether proceedings are an abuse of process – whether risk of inconsistent judgments
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12GU Corporations Act 2001 (Cth) Pt 7.10 Div 2A, ss 1041E, 1041Q Federal Court of Australia Act 1976 (Cth) Pt IVA, s 31A(2)
Cases cited: ABN Amro Bank NV v Bathurst Regional Council [2014] FCAFC 65 Astro Exito Navegacion SA v W.T. Hsu (The "Messiniaki Tolmi") [1984] 1 Lloyd's Rep 266 Brealey v Board of Management of Royal Perth Hospital (1999) 21 WAR 79 City of Swan v McGraw-Hill Companies Inc. [2014] FCA 442 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 Laurie v Carroll (1958) 98 CLR 310 National Commercial Bank v Wimborne (1979) 11 NSWLR 156 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Reichel v Magrath (1889) 14 App Cas 665 Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198 State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports ¶81-423 Walker v Newmont Australia Ltd [2010] FCA 298 Walton v Gardiner (1993) 177 CLR 378 Wealthsure Pty Ltd v Selig [2014] FCAFC 64 Wingecarribee Shire Council v Lehman Brothers (Australia) Ltd (in liq) (2012) 301 ALR 1
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