Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2017] FCA 1124 File number: NSD 1424 of 2017
Judge: BURLEY J
Date of judgment: 21 September 2017
Catchwords: ADMIRALTY – joint venture to operate hospitality business aboard vessel – agreement to charter and license vessel PRACTICE AND PROCEDURE – interlocutory application for order to appoint receiver and manager to take control of vessel and business operated on-board – whether there is a serious question to be tried – balance of convenience – whether damages are an adequate remedy – application dismissed – undertakings to Court noted
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 57 Shipping Registration Act 1981 (Cth) Federal Court Rules 2011 (Cth) r 14.21
Cases cited: Castlemaine Tooheys Ltd v South Australia [1986] HCA58; (1986) 161 CLR 148 In the matter of AJ Roberts Removals & Storage Pty Limited [2017] NSWSC 1054 Optical Distributors and Manufacturers Association of Australia Ltd v Expertise Events Pty Ltd [2017] FCA 209 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 University of Western Australia v Gray (No 6) [2006] FCA 1825 Woods v Harrison, in the matter of Telco Service Holdings Pty Ltd (in liquidation) [2017] FCA 732
Date of hearing: 15 & 18 September 2017
Registry: New South Wales
Division: General Division
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