Federal Court of Australia
Federal Court of Australia
Link Investments Ltd v DC Rd DC Pty Ltd [2024] FCA 610 Appeal from: Application for leave to appeal: DC Rd DC Pty Ltd v Zhang (No 2) [2024] FCA 157
File number: NSD 292 of 2024
Judgment of: LEE J
Date of judgment: 31 May 2024
Catchwords: APPEAL AND NEW TRIAL – where primary judge required to make a practice and procedure decision at an interlocutory stage – where primary judge resolved interlocutory dispute in accordance with the overarching purpose of the civil practice and procedure provisions under the Federal Court of Australia Act 1976 (Cth) – whether it was reasonably necessary in the circumstances to take identified steps to obtain account statements – relevant principles concerning the granting of leave to appeal from a decision of a single judge considered – where primary judge did not mistake the facts, miscarry discretion or act on a wrong principle – orders made dismissing application
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M(1), (3)
Cases cited: DC Rd DC Pty Ltd v Zhang (No 2) [2024] FCA 157 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 In re the Will of F. B. Gilbert (Deceased) (1946) 46 SR (NSW) 318 Mackinnon v Donaldson Lufkin & Jenrette Securities Corp [1986] Ch 482 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2017] FCAFC 98; (2017) 252 FCR 1 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139; (2010) 81 ATR 36 Sabre Corporation Pty Ltd v Russ Kalvin's Hair Company [1993] FCA 557; (1993) 46 FCR 428
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