Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ovalglen Holdings Pty Ltd (in liq) v Viewnorth Investments Pty Ltd [2020] FCA 889 File number: WAD 600 of 2016
Judge: JACKSON J
Date of judgment: 25 June 2020
Catchwords: PRACTICE AND PROCEDURE - application for return of bank guarantees provided as security for costs - where defendant is an incorporated legal practice representing itself - bank guarantees provided prior to Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 372 ALR 555 - exercise of court's discretion to make interlocutory orders - not necessary nor desirable to order return of bank guarantees - application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 37P
Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 372 ALR 555 Cachia v Hanes (1994) 179 CLR 403 Guneser v Aitken Partners (Cross Appeal On Costs) [2020] VSC 329 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2019] NSWSC 238 Svanosio v McNamara (1956) 96 CLR 186 United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2020] VSCA 15
Date of hearing: Determined on the papers
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