Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kingswood Aluminium Pty Ltd v Watpac Constructions (SA) Pty Ltd [2016] FCA 259 File number: SAD 340 of 2014 SAD 126 of 2015
Judge: MANSFIELD J
Date of judgment: 16 March 2016
Catchwords: PRACTICE AND PROCEDURE – general power of the Court to dispense with compliance with the Federal Court Rules 2011 (Cth) – exercise of discretion to dispense with compliance with the requirement to file an originating application in accordance with r 8.01 – correction of irregularity – interests of justice
Legislation: Federal Court Rules 2011 (Cth) Limitations Act 1969 (NSW) Uniform Civil Procedure Rules (NSW) Administration and Probate Act 1958 (Vic) Federal Court of Australia Act 1976 (Cth)
Cases cited: Kingswood Aluminium Pty Ltd v Watpac Constructions (SA) Pty Ltd [2015] FCA 237 Johnston v Vintage Developments Pty Ltd [2006] FCAFC 171 Klopper v Smith (1884) 26 ChD 700 Turagadamudamu v PMP Ltd (2009) 75 NSWLR 397 Windsurf Holdings Pty Ltd v Leonard [2009] NSWCA 6 Hartley Poyton Ltd v Ali (2005) 11 VF 568 Fernance v Nominal Defendant (1989) 17 NSWLR 710 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Suzlon Energy Ltd v Bangad (2011) 196 FCR 259 Research in Motion Ltd v Samsung Electronics Australia Pty Ltd (2009) 176 FCR 66
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