Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martins v A & A Martins Pty Ltd [2016] FCA 953 File number: ACD 110 of 2013
Judge: GRIFFITHS J
Date of judgment: 12 August 2016
Catchwords: PRACTICE AND PROCEDURE – whether orders can and should be varied under r 39.04 of the Federal Court Rules 2011 (Cth) when there is a mistake by a party or legal representative to the proceeding.
Legislation: Federal Court Rules 2011 (Cth), rr 26, 26.12, 26.12(7), 39.04
Cases cited: De L v Director-General Department of Community Services (NSW) and another (No. 2) [1997] HCA 14; 190 CLR 207 L Shaddock and Associates Pty Ltd v Parramatta City Council (No. 2) [1982] HCA 59; 151 CLR 590
Date of hearing: 11 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr P Walker SC
Solicitor for the Applicant: Aulich Civil Law
Counsel for the Respondents: With leave of the Court Ms Lurdes Martins appeared on behalf of the Respondents
ORDERS ACD 110 of 2013
BETWEEN: RUTH ELIZABETH MARTINS Applicant
AND: A & A MARTINS PTY LIMITED First Respondent PRIMAVERA HOLDINGS PTY LIMITED (ACN 080 185 244) Second Respondent MAPLES WINTERVIEW PTY LIMITED (ACN 112 495 879) Third Respondent PRIMAVERA VISTA PTY LIMITED (ACN 080 158 217) Fourth Respondent
JUDGE: GRIFFITHS J DATE OF ORDER: 12 AUGUST 2016
THE COURT ORDERS THAT:
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