Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Investa Properties Pty Ltd v Nankervis (No 8) [2018] FCA 443 File number: QUD 231 of 2011
Judge: COLLIER J
Date of judgment: 4 April 2018
Catchwords: PRACTICE AND PROCEDURE – application for adjournment of cross-claims by respondent pending determination of related matters in another court – offer by party seeking adjournment to pay costs thrown away – adjournment opposed – relevant considerations for granting adjournments – where risk of outcome of cross-claims may prejudice remedies available in related matters – where delay caused by adjournment may prejudice a party – where prejudice of delay not unfair or irreparable – whether adjournment in the overall interests of justice – application for adjournment allowed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37M(1), 37M(2) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Barnes v Addy (1874) LR 9 Ch App 244 Director of Public Prosecutions (NSW) v Chaouk [2010] NSWSC 1418 Investa Properties Pty Ltd v Nankervis (No 7) [2015] FCA 1004; (2015) 333 ALR 193 Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd [2017] FCAFC 141; (2017) 348 ALR 385 SZRBN v Minister for Immigration and Citizenship [2012] FCA 984
Date of hearing: Determined on the papers
Date of last submissions: 23 March 2018 (Second Respondent) 28 March 2018 (Fourth Respondent) The Applicants and First Respondent did not provide submissions
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