Federal Court of Australia
Federal Court of Australia
Russell v Desi Nominees Pty Limited [2023] FCA 1249 File number(s): ACD 60 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 18 October 2023
Date of publication of reasons: 19 October 2023
Catchwords: EQUITY – where the plaintiff seeks an interlocutory injunction against a grantee from exercising a power of sale arising from a guarantee – where the contract giving rise to the power of sale is alleged to be liable to be set aside in accordance with the principles in Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 or pursuant to the Australian Securities and Investments Commissions Act 2001 (Cth) – where the existence of a prima facie case is conceded for the purpose of this application – where there is a question as to the substance of the usual undertaking as to damages – where the plaintiff seeks to sell the secured property herself – Held: application dismissed with costs.
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Commonwealth Bank of Australia v Hadfield [2004] NSWCA 350 Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 Heavener v Loomes [1924] HCA 10; 34 CLR 306, 326 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 217 FCR 238
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 70
Date of hearing: 17, 18 October 2023
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate