Bell, Michael Charles & Anor v Macquarie Bank Ltd & Anor [1998] FCA 1763

Bell, Michael Charles & Anor v Macquarie Bank Ltd & Anor [1998] FCA 1763

The applicants may legitimately seek adjournment to pursue the Industrial Relations Commission proceedings first, as no prejudice or injustice to the respondents would arise and the interests of justice favour not proceeding with substantially concurrent litigation on the same facts and issues. The matter should be adjourned for directions to permit the Commission proceedings to be prosecuted, with liberty to apply.

Parties
Applicant: Michael Charles Bell; Applicant: Charles Joseph Berg; First Respondent: Macquarie Bank Ltd; Second Respondent: Macquarie International Capital Markets Ltd
Jurisdiction
Australia
Judgment Date
15 May 1998
Procedural Posture
Interlocutory Motion / Directions Hearing / Adjournment Application
Outcome
Adjournment granted for directions; costs reserved
Legal Topics
Adjournment of Concurrent Proceedings, Service Outside Jurisdiction, Double Recovery, Forum Choice
Trade Practices Industrial Relations Civil Procedure Adjournment of Concurrent Proceedings Service Outside Jurisdiction Double Recovery Forum Choice

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Parties

Michael Charles Bell

Applicant

Charles Joseph Berg

Applicant

Macquarie Bank Ltd

First Respondent

Macquarie International Capital Markets Ltd

Second Respondent

Procedural Posture

Interlocutory Motion / Directions Hearing / Adjournment Application

Legal Issues

  1. 1 Whether proceedings in the Federal Court should be adjourned pending determination of proceedings in the Industrial Relations Commission
  2. 2 Proper forum for determination where overlapping issues exist

Ratio Decidendi

The applicants may legitimately seek adjournment to pursue the Industrial Relations Commission proceedings first, as no prejudice or injustice to the respondents would arise and the interests of justice favour not proceeding with substantially concurrent litigation on the same facts and issues. The matter should be adjourned for directions to permit the Commission proceedings to be prosecuted, with liberty to apply.

Court Disposition

Adjournment granted for directions; costs reserved

Orders

  • The matter be stood over for further directions to Friday, 27 November 1998 at 9.30am.
  • The parties have liberty to apply on 21 days' notice.