Fewin Pty Limited v Prentice (No 2) [2019] FCA 53
The June 2018 Orders were not inconsistent with the prior orders in NSD786/2015; the applicants failed to demonstrate any material change in circumstances or that the interests of justice required the setting aside of those orders. Accordingly, the applicants' application was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 31 January 2019
- Procedural Posture
- Interlocutory Application / Judgment on Application to Set Aside Orders
- Outcome
- Application dismissed
- Legal Topics
- ['interlocutory Orders' 'setting Aside Orders' 'stay of Proceedings' 'consistency of Court Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Judgment on Application to Set Aside Orders
Legal Issues
- 1 ['Whether interlocutory orders (June 2018 Orders) should be set aside under s 23 Federal Court of Australia Act 1976 (Cth) and r 39.05(c) Federal Court Rules 2011 (Cth)' 'Whether there was inconsistency between orders in related proceedings (NSD786/2015) and the June 2018 Orders' 'Whether interests of justice require the interlocutory orders to be set aside']
Ratio Decidendi
The June 2018 Orders were not inconsistent with the prior orders in NSD786/2015; the applicants failed to demonstrate any material change in circumstances or that the interests of justice required the setting aside of those orders. Accordingly, the applicants' application was dismissed.
Court Disposition
Application dismissed
Orders
- ['The interlocutory application filed by the applicants on 12 July 2018 is dismissed.' "The applicants pay the respondent's costs."]
Full Case Text
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