Federal Court of Australia
Federal Court of Australia
Shaw v Singh [2021] FCA 1207 File number(s): QUD 127 of 2021
Judgment of: COLLIER J
Date of judgment: 7 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for temporary stay – similar proceedings in Federal Court in another matter where judgment currently reserved – significant overlap of issues – common sub-stratum of facts – exercise of discretion – section 23 and 37M Federal Court of Australia Act 1976 (Cth) – relevant principles for Court to consider in determining whether to order temporary stay – interests of justice – undesirability of multiplicity of proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 37M
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 6) [2012] FCA 745 Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal [2011] FCA 424 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCAFC 117 Porter, in the matter of Slater (No 2) [2020] FCA 1547 Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd (1992) 34 FCR 287; [1992] FCA 72
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 28
Date of hearing: 6 October 2021
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