Brosnan v Katke [2014] FCA 974

FEDERAL COURT OF AUSTRALIA

Brosnan v Katke [2014] FCA 974 Citation: Brosnan v Katke [2014] FCA 974

Parties: MICHAEL BROSNAN, LEON BROSNAN, MARY BROSNAN, ALAN GEE, ALAN BAWDEN GRANT, BARBARA LEE GRANT, ALAN DAVID GRANT, MICHAEL CURLY and GRAEME JOINER v JEFFREY JAMES KATKE, METAGENICS AUSTRALIA PTY LTD (ACN 113 937 572), METAGENICS INC, JEFFREY BLAND and HEALTH WORLD LIMITED (ACN 010 636 165)

File number(s): QUD 384 of 2012

Judge(s): GREENWOOD J

Date of judgment: 10 September 2014

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for interlocutory orders against a non-party to a principal proceeding – consideration of the principled basis upon which an order might be made preserving the position of the parties in the period between the reservation of a judgment and the pronouncement of judgment in the principal proceeding – consideration of whether the proposed order is made in aid of relief sought in the principal proceeding and whether the order is supported as preserving the integrity of the deliberative and adjudicative processes of the Court once put in motion by the conduct of a trial and the reserving of the matter for further deliberation by the Court

Legislation: Trade Practices Act 1974 (Cth), ss 52, 80, 82, 87 Federal Court of Australia Act 1976 (Cth), s 23

Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 – cited and quoted Construction, Forestry, Mining and Energy Union v Abigroup Contractors Pty Ltd (2012) 227 IR 201 – cited Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – cited Jackson v Sterling Industries Limited (1987) 162 CLR 612 - cited Cardile v LED Builders Pty Limited (1999) 198 CLR 380 - cited