Gade and Jabbar (No.15)
Case
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[2018] FCCA 2041
•2 July 2018
Details
AGLC
Case
Decision Date
Gade and Jabbar (No.15) [2018] FCCA 2041
[2018] FCCA 2041
2 July 2018
CaseChat Overview and Summary
In *Gade and Jabbar (No.15)*, Judge Terry of the Federal Circuit Court of Australia considered applications brought by the applicant concerning proceedings previously heard. The dispute involved the applicant seeking to set aside or vary certain orders made by the court on 11 May 2018, and also sought a stay of those orders.
The primary legal issues before the court were whether the applicant had established grounds to set aside or vary the existing orders, and whether a stay of those orders was warranted. The court was required to assess the applicant's arguments against the relevant legal principles governing such applications.
Judge Terry dismissed the applicant's application to set aside or vary the orders of 11 May 2018, and also dismissed the application for a stay of those orders. The applicant was ordered to pay the respondent's costs of and incidental to the application filed on 22 June 2018, fixed at $500.00, with payment to be made contemporaneously with the respondent's payment to the applicant of an amount specified in Order 8(i) of the 11 May 2018 orders.
The primary legal issues before the court were whether the applicant had established grounds to set aside or vary the existing orders, and whether a stay of those orders was warranted. The court was required to assess the applicant's arguments against the relevant legal principles governing such applications.
Judge Terry dismissed the applicant's application to set aside or vary the orders of 11 May 2018, and also dismissed the application for a stay of those orders. The applicant was ordered to pay the respondent's costs of and incidental to the application filed on 22 June 2018, fixed at $500.00, with payment to be made contemporaneously with the respondent's payment to the applicant of an amount specified in Order 8(i) of the 11 May 2018 orders.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
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Res Judicata
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Citations
Gade and Jabbar (No.15) [2018] FCCA 2041
Most Recent Citation
Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400
Cases Citing This Decision
2
Gade and Jabbar (No.21)
[2019] FCCA 906
Jabbar v Gade (No. 3) (pseudonyms)
[2022] NSWSC 1400