Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
75 Port Douglas Road Pty Ltd v Keystone Asset Management Ltd (receivers and managers appointed) (administrators appointed) [2024] FCA 1269 File number: VID 1142 of 2024
Judgment of: MOSHINSKY J
Date of judgment: 31 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for an interlocutory injunction before commencement of a proceeding – where the prospective respondent had given notice that it was entitled to appoint a receiver or receiver and manager to the prospective applicant – where the prospective applicant contended that the notices of default were defective because they did not specify the amount said to be payable – whether prima facie case established – held: application for injunction dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG
Cases cited: Australia & New Zealand Banking Group Ltd v Cooper (1993) 9 WAR 112 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Australian Securities and Investments Commission v Keystone Asset Management Ltd [2024] FCA 1019 Australian Securities and Investments Commission v Keystone Asset Management Ltd (receivers and managers appointed) (administrators appointed) (No 2) [2024] FCA 1040 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; 118 CLR 618 Bunbury Foods Pty Ltd v National Bank of Australasia Ltd [1984] HCA 10; 153 CLR 491
Division: General Division
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