Federal Court of Australia
Federal Court of Australia
Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liquidation) [2022] FCA 112 File number(s): QUD 257 of 2021
Judgment of: DOWNES J
Date of judgment: 17 February 2022
Catchwords: PRACTICE AND PROCEDURE – discontinuance – interpretation of r 26.12 Federal Court Rules – whether leave required to discontinue – whether pleadings had closed – whether leave to discontinue should be granted on conditions – where pleading filed in proceeding was defective – whether condition should be imposed requiring applicants to obtain leave to commence further proceedings "arising out of substantially the same facts" – leave granted nunc pro tunc – condition as to indemnity costs imposed
Legislation: Acts Interpretation Act 1901 (Cth) s 36(1) Federal Court Rules 2011 (Cth) rr 16.01(a), 16.12, 16.21 16.31, 16.32, 16.33, 26.12, 40.02(a)
Cases cited: Frigger v Banning (No 11) [2020] FCA 1257
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 40
Date of last submissions: 20 January 2022
Date of hearing: Determined on the papers
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