Federal Court of Australia
Federal Court of Australia
United Petroleum Pty Ltd v Istanikzai [2023] FCA 149 File numbers: VID 525 of 2021 VID 703 of 2021
Judgment of: ANDERSON J
Date of judgment: 2 March 2023
Catchwords: PRACTICE AND PROCEDURE — application for stay of proceeding — where two related proceedings issued in the Federal Court of Australia (Federal Court Proceedings) as well as a related representative proceeding issued in the Supreme Court of Victoria — where the respondents seek a stay of the Federal Court Proceedings pending an outcome of the representative proceeding in the Supreme Court of Victoria — whether the interests of justice would be best served by granting a stay of the Federal Court Proceedings — where the interests of justice militate against granting a stay —where the applications are dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Civil Procedure Act 2010 (Vic)
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 Clorox Australia Pty Ltd v International Consolidated Business Pty Ltd (2005) 66 IPR 506 FA Faulding & Co Ltd v Bristol-Myers Squibb Co (1997) 40 IPR 511 Jefferson Ltd v Bhetcha [1979] 2 All ER 1108 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCAFC 117; 85 ACSR 531 Rochfort v John Fairfax & Sons Ltd [1972] 1 NSWLR 16 Shaw v Official Trustee in Bankruptcy of the Australian Financial Security Authority [2022] FCA 775 Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd (1992) 34 FCR 287 Union Steamship Co of New Zealand Ltd v The Caradale (1937) 56 CLR 277
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