Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metalsistem Australia Storage and Display Solutions Pty Ltd v Kirk [2017] FCA 1259 File number(s): VID 542 of 2017
Judge(s): DAVIES J
Date of judgment: 26 October 2017
Catchwords: PRACTICE AND PROCEDURE – Application for summary judgment pursuant to r 26.01(a)–(b) on the basis that a settlement deed between the parties acted as a complete bar to the proceedings brought; Construction of the settlement deed and whether it provided a bar to the action for a breach of trust and confidence and breach of s 183 of the Corporations Act 2001 (Cth); Application to strike out proceedings pursuant to r 16.21(b)–(f).
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Companies (Western Australia) Code
Cases cited: Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (unreported FCA Beaumont J, 13 September 1994) Chew v R (1992) 173 CLR 626 Doggett v Commonwealth Bank of Australia [2015] 47 VR 302 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Lindo v Lindo [1839] EngR 728; (1839) 1 Beav 496 (48 ER 1032) Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) [2011] FCA 1126 Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97 Spencer v The Commonwealth [2010] HCA 28 The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 2) [2012] NSWSC 322 Wride v Schulze [2004] FCAFC 216
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate