Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ottoway Engineering Pty Ltd v Westpac Banking Corporation (No 2) [2017] FCA 39 File number: SAD 90 of 2016
Judge: BESANKO J
Date of judgment: 30 January 2017
Date of publication of reasons: 31 January 2017
Catchwords: PRACTICE AND PROCEDURE – application for joinder by a non-party to the proceeding – whether non-party's interest is directly affected by injunction – commercial as opposed to legal interest – whether rights of chargee directly affected by injunction PRACTICE AND PROCEDURE – application for dissolution of injunction – delay in making application seeking dissolution of an injunction – whether grounds for dissolution of injunction shown
Legislation: Federal Court Rules 2011 (Cth) rr 1.32, 9.05
Cases cited: Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd and Others [2008] FCAFC 136; (2008) 249 ALR 458 Cretanor Maritime Co Ltd v Irish Marine Management Ltd [1978] 1 WLR 966 John Alexander's Clubs Pty Limited and Another v White City Tennis Club Limited [2010] HCA 19; (2010) 241 CLR 1 Kadam v MiiResorts Group 1 Pty Ltd [2016] FCA 1205 News Limited v Australian Rugby Football League Limited and Others (1996) 64 FCR 410 Ottoway Engineering Pty Ltd v Westpac Banking Corporation [2016] FCA 635 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Simic v New South Wales Land and Housing Corporation [2016] HCA 47 State of Victoria and Another v Sutton and Another (1998) 195 CLR 291 Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd [2015] VSCA 98 Wood Hall Limited v The Pipeline Authority and Another (1979) 141 CLR 443
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