Federal Court of Australia
Federal Court of Australia
Thunder Studios Inc (California) v Kazal (No 11) [2020] FCA 1656 File number(s): NSD 850 of 2014
Judgment of: RARES J
Date of judgment: 26 October 2020
Catchwords: PRACTICE AND PROCEDURE – application during trial for leave to discontinue cross-claim under r 26.12(2)(c) of the Federal Court Rules 2011 – where cross-claimant did not lead evidence regarding his motivation or reasons for seeking leave to discontinue – where parties had an extensive history of litigation in various courts around the world – principles for exercise of discretion in allowing party to discontinue proceeding where hearing has commenced – not appropriate to grant leave to discontinue – cross-claim dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011, r 26.12 Defamation Act 2005 (NSW), ss 28, 29
Cases cited: Feldman v Nationwide News Pty Ltd [2020] NSWCA 260 In the matter of Mempoll Pty Ltd, Anankin Pty Ltd and Gold Kings Pty Ltd [2013] NSWSC 301 SCI Operations Pty Ltd v Trade Practices Commission (1984) 2 FCR 113 Stahlschmidt v Walford (1879) 4 QBD 217 Thunder Studios Inc (California) v Kazal (No 8) [2018] FCA 1995 Wickham v Bells Securities Pty Ltd [2006] QSC 167
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 25
Date of hearing: 19 – 26 October 2020
Counsel for the Applicants: Mr P. Gray SC with Mr M. Polden
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