Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ecap Finance Pty Ltd v Ottoway Engineering Pty Ltd (No 2) [2017] FCA 237 Appeal from: Application for leave to appeal: Ottoway Engineering Pty Ltd v Westpac Banking Corporation (No 2) [2017] FCA 39
File number: SAD 38 of 2017
Judge: CHARLESWORTH J
Date of judgment: 10 March 2017
Catchwords: APPEAL AND NEW TRIAL — application for leave to appeal an interlocutory judgment — primary judge dismissed an application for the dissolution of an injunction — whether decision of primary judge attended with sufficient doubt to warrant reconsideration by a Full Court — whether non-party requires "leave upon leave" to appeal — nature and degree of substantial injustice should leave not be granted — relevance of s 37M of the Federal Court of Australia Act 1976 (Cth) on an application for leave to appeal EQUITY — injunctions — test for sufficiency of non-party's interest in having an interlocutory injunction dissolved — where primary judge determined non-party's rights or liabilities to a party not directly affected — whether primary judge applied wrong test or failed to apply an alternative test BANKING AND FINANCIAL INSTITUTIONS — bank guarantee — whether in nature of a performance bond — identification of obligation secured by guarantee — relevance of principle of autonomy
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Federal Court of Australia Act 1976 (Cth), ss 5, 24, 24(1AA), 24(1A), 37M Federal Court Rules 2011 (Cth), rr 1.32, 9.05
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