Re Elders Australia Ltd Super John Pty Ltd & Ors v Futuris Rural Pty Ltd [1998] FCA 1375

Re Elders Australia Ltd Super John Pty Ltd & Ors v Futuris Rural Pty Ltd [1998] FCA 1375

It is premature to make any order staying or transferring the proceedings as significant orders are needed for their progression in the current registry, and the application for a stay is accordingly dismissed with costs.

Parties
Applicant/cross Respondent: Super John Pty Limited; Applicant/cross Respondent: Batoka Pty Limited; Applicant/cross Respondent: Elizabeth Lancey & Julian Lancey as Trustees for Elizabeth Superannuation Fund; Applicant/cross Respondent: Allistair Hazard; Applicant/cross Respondent: Ian Morton; Respondent/cross Claimant: Futuris Rural Pty Limited
Jurisdiction
Australia
Judgment Date
06 February 1998
Procedural Posture
Application for Stay of Proceedings / Notice of Motion – Interlocutory Application
Outcome
Application dismissed with costs
Legal Topics
Stay of Proceedings, Case Management, Consolidation of Proceedings
Practice and Procedure Stay of Proceedings Case Management Consolidation of Proceedings

Case Brief

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Parties

Super John Pty Limited

Applicant/cross Respondent

Batoka Pty Limited

Applicant/cross Respondent

Elizabeth Lancey & Julian Lancey as Trustees for Elizabeth Superannuation Fund

Applicant/cross Respondent

Allistair Hazard

Applicant/cross Respondent

Ian Morton

Applicant/cross Respondent

Futuris Rural Pty Limited

Respondent/cross Claimant

Procedural Posture

Application for Stay of Proceedings / Notice of Motion – Interlocutory Application

Legal Issues

  1. 1 Whether proceedings should be stayed until related proceedings in WA District Registry are concluded
  2. 2 Whether proceedings should be consolidated or transferred

Ratio Decidendi

It is premature to make any order staying or transferring the proceedings as significant orders are needed for their progression in the current registry, and the application for a stay is accordingly dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The applicants' notice of motion be dismissed with costs.