Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 2) [2023] FCA 243 File number(s): VID 192 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 20 March 2023
Date of publication of reasons: 21 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for injunction to restrain counsel from acting for respondents in hearing to be conducted by Judicial Registrar in his capacity as a referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) – whether there is a real and sensible possibility of the misuse of confidential information – whether the proper administration of justice requires counsel be restrained from acting – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 54A
Cases cited: Grimwade v Meagher [1995] 1 VR 446 Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd [2022] FCA 1305 Porter v Dyer (2022) 402 ALR 659; [2022] FCAFC 116 Re Timbercorp Finance Pty Ltd (in liq) (2019) 137 ACSR 189; [2019] FCA 957 Sent v John Fairfax Publication Pty Ltd [2002] VSC 429 Yunghanns v Elfic Ltd (unreported, Sup Ct, Vic, 3 July 1998)
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 55
Date of last submission/s: 19 March 2023
Date of hearing: 20 March 2023
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