Parsons, Hugh v Ad Astra Properties Pty Ltd & ors [1984] FCA 127

Parsons, Hugh v Ad Astra Properties Pty Ltd & ors [1984] FCA 127

The application for interlocutory restraint and removal was refused as the County Court has adequate jurisdiction and powers to do justice, and costs incurred in County Court proceedings would be wasted if restraint was ordered; further, the Federal Court lacks power to direct the County Court in the way requested.

Parties
Applicant: Hugh Parsons; Firstnamed Respondent: Ad Astra Properties Pty. Ltd.; Secondnamed Respondent: Bernard Breslin Spence Robertson; Thirdnamed Respondent: Grant Robertson
Jurisdiction
Australia
Judgment Date
14 May 1984
Procedural Posture
Application for Interlocutory Relief / Reasons for Judgment on Application for Interlocutory Orders
Outcome
Application for interlocutory relief dismissed.
Legal Topics
Interlocutory Injunctions, Stay of Proceedings, Removal of Proceedings, Discretion to Grant Interlocutory Orders
Trade Practices Civil Procedure Interlocutory Injunctions Stay of Proceedings Removal of Proceedings Discretion to Grant Interlocutory Orders

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Parties

Hugh Parsons

Applicant

Ad Astra Properties Pty. Ltd.

Firstnamed Respondent

Bernard Breslin Spence Robertson

Secondnamed Respondent

Grant Robertson

Thirdnamed Respondent

Procedural Posture

Application for Interlocutory Relief / Reasons for Judgment on Application for Interlocutory Orders

Legal Issues

  1. 1 Whether to restrain the first respondent from prosecuting an action in the County Court of Victoria until this proceeding is determined
  2. 2 Whether to order removal of proceedings from the County Court to the Federal Court
  3. 3 The Federal Court's power and discretion to grant interlocutory orders in the circumstances

Ratio Decidendi

The application for interlocutory restraint and removal was refused as the County Court has adequate jurisdiction and powers to do justice, and costs incurred in County Court proceedings would be wasted if restraint was ordered; further, the Federal Court lacks power to direct the County Court in the way requested.

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • Each of the applicant's claims for interlocutory relief is dismissed.
  • The applicant is to pay the respondents' costs of the application for interlocutory relief.