FEDERAL COURT OF AUSTRALIA
Direct Factory Outlets Pty Ltd v Westfield Management Ltd
[2003] FCA 1095
PROCEDURE - declaratory relief - standing to seek - need for justiciable issue - application to strike out.
PROCEDURE - application to be joined as a respondent
Airports Act 1996 (Cth)
Tobacco Institute of Australian Limited v Australian Federation of Consumer Organizations Inc (No 2) (1993) 41 FCR 89 (FC)
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Sankey v Whitlam (1978) 142 CLR 1
RAIA Insurance Brokers Limited v FAI General Insurance (1993) 41 FCR 164 (FC)
Guaranty Trust Co of New York v Hannah & Co [1915] 2 KB 536
J N Taylor Holdings Ltd v Bond (1993) 59 SASR 432 (FC)
Martin v Taylor [2000] FCA 1002
Clarke v Australian Labor Party (SA) (1999) 74 SASR 109
In re S (Hospital Patient: Court’s Jurisdiction) (1996) Fam 1 (CA)
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (1999) 200 CLR 591
Gouriet v Union of Post Office Workers [1978] AC 435
In re Judiciary and Navigation Acts (1921) 29 CLR 257
Fencott v Muller (1983) 152 CLR 570
Abebe v The Commonwealth (1999) 197 CLR 510
Ibeneweka v Egbuna [1964] 1 WLR 219
Interchase Corporation Limited (in liq) v FAI General Insurance Company Limited [2000] 2 Qd R 301 (FC)
Gardiner v Dairy Industry Authority (NSW) 52 ALJR 180
CE Heath Casualty & General Insurance Ltd v Pyramid Building Society [1997] 2 VR 256 (VCA)
Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297
Telstra v Australian Telecommunications Authority (1995) 133 ALR 417
Oil Basins v Commonwealth (1993) 178 CLR 643
Bass v Permanent Trustee Company Limited (1999) 198 CLR 334
Australian Tape Manufacturers v The Commonwealth (1990) 94 ALR 641
News Limited v Australian Rugby Football League (1996) 64 FCR 410 (FC)
Interchase Corporation Ltd v FAI Insurance Company Ltd [2000] 2 Qd R 30 (QCA)
Penang Mining Company v Choong Sun (1969) 2 Malay Law Journal 52
Trade Practices Commission v Milreis Pty Ltd (1978) 18 ALR 17
Du Pont de Nemours & Co v Commissioner of Patents (No 5) (1989) 87 ALR 491DIRECT FACTORY OUTLETS PTY LTD (ACN 087 112 301) v WESTFIELD MANAGEMENT LTD (ACN 001 670 579), CPT MANAGER LTD (ACN 054 494 307) AND BRISBANE AIRPORT CORPORATION LTD (ACN 076 870 650)
Q 92 OF 2003WESTFIELD MANAGEMENT LTD (ACN 001 670 579) v BRISBANE AIRPORT CORPORATION LTD (ACN 076 870 650), PETER CZERKASKI, WILLIE TAIT AND MINISTER FOR TRANSPORT AND REGIONAL SERVICES
Q64 OF 2003COOPER J
BRISBANE
10 OCTOBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q92 OF 2003
BETWEEN:
DIRECT FACTORY OUTLETS PTY LTD
(ACN 087 112 301)
APPLICANTAND:
WESTFIELD MANAGEMENT LTD
(ACN 001 670 579)
FIRST RESPONDENTCPT MANAGER LTD
(ACN 054 494 307)
SECOND RESPONDENTBRISBANE AIRPORT CORPORATION LTD
(ACN 076 870 650)
THIRD RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q64 OF 2003
BETWEEN:
WESTFIELD MANAGEMENT LTD
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- Case
- [2003] FCA 1095
- Decision Date
CaseChat Overview and Summary
The court found that the notice of motion for dismissal or stay should be dismissed, with each party bearing their own costs. The applicant was granted leave to file and serve the proposed amended application and statement of claim. The court also ruled that the Brisbane Airport Corporation should be joined as a third respondent to the proceedings. Furthermore, Direct Factory Outlets Pty Ltd was to be joined as the sixth respondent, subject to it advising the applicants by a specified date that it wished to continue as a respondent, with the condition that it would bear its own costs if it decided not to proceed.
The court’s decision was grounded in the procedural rules and the need for a fair and comprehensive resolution of the dispute. By dismissing the notice of motion and granting leave for the amended documents, the court ensured that all relevant parties could be heard and that the dispute could proceed in a manner that was just and efficient. The final orders reflected the court's intention to facilitate the full participation of all relevant parties while managing costs effectively.
Orders
Orders of the court
1. The notice of motion seeking the dismissal or stay of the proceedings be dismissed, the costs of the parties being each party’s costs in the proceedings.
2. The applicant have leave to file and serve the proposed amended application and statement of claim filed 15 August 2003.
3. The Brisbane Airport Corporation be joined as a third respondent to the proceedings.
4. The costs of the parties to the applicant’s notice of motion be each party’s costs in the proceedings.
IN Q64 OF 2003 THE COURT ORDERS:
1. Subject to Direct Factory Outlets Pty Ltd, advising the applicants in the proceedings by 4.00 pm 14 October 2003 that it continues to wish to be joined as a respondent, Direct Factory Outlets Pty Ltd be joined as the sixth respondent at its own risk as to costs.
2. The costs of the parties to the notice of motion seeking joinder be each party’s costs in the proceedings.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by:
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