Federal Court of Australia
Federal Court of Australia
Bective Enterprises Pty Ltd v Pitcher Partners Advisors Pty Ltd [2023] FCA 99 File number(s): QUD 288 of 2022
Judgment of: WHEELAHAN J
Date of judgment: 15 February 2023
Catchwords: PRACTICE AND PROCEDURE — application by the respondent to set aside interlocutory case management orders made by consent — where interlocutory orders included an order that the dispute be referred to private mediation — where separate proceeding has been commenced in the Supreme Court of Victoria in which the plaintiff seeks an injunction restraining the applicants from pursuing this Federal Court proceeding — where respondent's proposed orders would effectively stay the Federal Court proceeding pending determination of the Supreme Court proceeding — interlocutory orders set aside — proceeding fixed for case management hearing at a later date
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Federal Court Rules 2011 (Cth) r 39.05(c)
Cases cited: Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 123 Harvey v Phillips [1956] HCA 27; 95 CLR 235 Re Wakim; ex parte McNally [1999] HCA 27; 198 CLR 511 Rockett v The Proprietors – "The Sands" BUP 82 [2001] QCA 99; [2002] 1 Qd R 307 Tucker v McKee [2022] FCAFC 98; 402 ALR 254
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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