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The Federal Court refused leave for a corporation to appear through an officer, dismissed the motion, and ordered the Statement of Defence removed from the file.
The court awarded costs thrown away after a late discontinuance of a counterclaim made hearing preparation unnecessary, but refused special costs or indemnity costs.
The court dismissed an application to stop a special general meeting that would amend bylaws affecting a founder’s board appointment right and related disputes.
The Court allowed the appeal in C67407, setting aside the motion judge's order that struck the counterclaim because the judge erred in principle by treating duplicative pleadings as automatically constituting an abuse of process; no substantial prejudice or injustice to Birdseye was shown and the distinct relief pleaded in the counterclaim warranted permitting it to stand. The Court quashed the appeal in C67708 as the order dismissing the motion to strike was interlocutory and not properly before this court without divisional court leave.
Source excerpt
申请禁令被驳回：法院认为申请人未证明强有力的初步胜诉可能性，且第三方土地出租人利益与家庭法程序安排都不支持所求的强制性临时救济。
The Federal Court fixed contempt fines and costs after findings against Lorne Hart and Hart Robinson Breweries Ltd., and awarded costs to Ron Robinson.
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