Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woodgate (Trustee) v Northop Hall Pty Ltd [2016] FCA 370 File number: NSD 55 of 2015
Judge: RARES J
Date of judgment: 17 February 2016
Catchwords: COURTS AND ORDERS – application to vary consent order – consent order for money paid into court from sale of disputed property to abide decision as to which party entitled – where one party sought partial payment out of fund because of impecuniosity – whether party held beneficial interest in fund – whether discretion could be exercised to set aside or vary consent orders – whether party's alleged impecuniosity warranted order for payment out of fund Held: no order for payment out of funds held in Court
Legislation: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Admiralty Act 1988 (Cth) s 29 Federal Court Rules 2011 (Cth) rr 2.42, 2.43, 39.05
Cases cited: Adam P. Brown Male Fashion Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Baumgartner v Baumgartner (1987) 164 CLR 137 Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364 Commissioner of Stamp Duties (NSW) v Buckle (1998) 192 CLR 226 Commonwealth Bank of Australia v The Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Harvey v Phillips (1956) 95 CLR 235 Perpetual Trustee Company Limited; Application of Chen [2010] NSWSC 808 Yuan v Xie [2015] NSWSC 492
Date of hearing: 17 February 2016
Registry: New South Wales
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