Federal Court of Australia
Federal Court of Australia
Exhibit Design and Construction Pty Ltd v Azam [2024] FCA 1296 File number: ACD 78 of 2024
Judgment of: STEWART J
Date of judgment: 7 November 2024
Catchwords: HIGH COURT AND FEDERAL COURT – anti-suit injunction in relation to proceedings in the ACT Civil and Administrative Tribunal (ACAT) – duplicate proceedings in respect of the same underlying dispute – risk of conflicting outcomes – whether there is a serious issue to be tried – whether the public's confidence in the administration of justice overweighs the prejudice to the respondents
Legislation: Federal Court of Australia Act 1976 (Cth), s 32AB(1) Service and Execution of Process Act 1992 (Cth), s 21 ACT Civil and Administrative Tribunal Act 2008 (ACT), ss 18, 20 Jurisdiction of Courts (Cross-Vesting) Act 1993 (ACT), s 4
Cases cited: Brewster v BMW Australia Ltd [2019] NSWCA 35; 366 ALR 171 CSR Limited v Cigna Insurance Australia Ltd [1997] HCA 33; 189 CLR 345 Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2020] FCA 682 Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; 171 CLR 538 Wigmans v AMP Ltd (2018) NSWSC 1118 Wileypark Pty Ltd v AMP Ltd [2018] FCAFC 143; 265 FCR 1
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 36
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