Federal Court of Australia
Federal Court of Australia
Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd [2021] FCA 1579 File number(s): NSD 395 of 2020
Judgment of: THAWLEY J
Date of judgment: 14 December 2021
Date of publication of reasons: 12 January 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to file a notice and statement of cross-claim – order granted – application for interlocutory relief – where the cross-claim seeks relief broadly the same as that sought by the interlocutory application – examination of whether prima facie case sufficient to warrant relief having regard to the balance of convenience – relief granted
Cases cited: Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Lian Fa International Dining Business Corporation v Mu [2021] FCA 1527
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 45
Date of hearing: 13 - 14 December 2021
Counsel for the Applicants: Dr A Greinke
Solicitor for the Applicants: Lodhia Lawyers
Counsel for the Respondents: Mr D Moujalli
Solicitor for the Respondents: HWL Ebsworth Lawyers
ORDERS NSD 395 of 2020
BETWEEN: GIRCHOW ENTERPRISES PTY LTD First Applicant
KARIM GIRGIS Second Applicant
SHERIF ELHAMY WADIE GIRGIS (and others named in the Schedule) Third Applicant
AND: ULTIMATE FRANCHISING GROUP PTY LTD First Respondent
MAZEN HAGEMRAD Second Respondent
SAMER HUSSEINI (and another named in the Schedule) Third Respondent
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