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Obacelo Pty Ltd v Taveraft Pty Ltd

Obacelo Pty Ltd v Taveraft Pty Ltd

Case [1985] FCA 85

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AGLC: Obacelo Pty Ltd v Taveraft Pty Ltd [1985] FCA 85
Case: [1985] FCA 85
Decision Date: 15 Mar 1985

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Citations

Obacelo Pty Ltd v Taveraft Pty Ltd [1985] FCA 85

Most Recent Citation

Byron Shire Council v Vigden C J and Donna's Beach Pty Limited [1999] NSWLEC 285

Cases Citing This Decision

RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited [2019] FCA 760
Citation 1

…les Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 LNC Industries Limited v BMW (Australia) Limited (1983) 151 CLR 575 Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141…
Scotto v Scala Bros Pty Ltd [2014] FCCA 2374
Citation 2 (Para 2)

…m forms a part of a single justiciable controversy or whether, in truth, it is a separate and distinct matter: Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 at 217. I conclude that Mr Scotto’s claims and the cross-claim formed the same matter and that the cross claim attracted the Court’s accrued jurisdiction…
Grave v Blazevic Holdings Pty Limited [2010] FMCA 386
Citation 3 (Para 3)

…Act 1925 . In Australia there is no provision in the Federal Court of Australia Act 1976 relating to cross claims; Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 per Wilcox J at [214] but these claims are dealt with in the Rules by definition in O.1 r.4 and in O.5. In regard to cross demands his Lordship said:…
Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 851
Citation 4 (Para 14)

…risdiction conferred by s 32 of the Federal Court of Australia Act 1976 (Cth). The decision of Wilcox J in Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210, particularly at 217, appears to be to the contrary. However, that decision seems to me to have been overtaken by later decisions. I refer in particular to t…
Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590
Citation 5 (Para 18)

…e circumstances of this case does the cross-claim fall within the Court’s associated or accrued jurisdiction? In Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 (“ Obacelo ”), Wilcox J applied the principles set down in Philip Morris , Fencott , and Stack in holding that a cross-claim alleging negligence and br…
Cheers v Entercorp Finance Pty Ltd [1999] FCA 1475
Citation 6 (Para 1)

…mal. It cannot, therefore, be said that the two proceedings arise out of “common transactions and facts” – Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 at 217 per Wilcox J.…
Collins Foods International (Properties) No 2 Pty Ltd v Chief Executive, Department of Natural Resources [1996] QLC 152
Citation 7

…rt’s jurisdiction in Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210 at 218 per Wilcox J, and the power of the Supreme Court of Victoria in Re Crittendon; Ex parte Law Institute of Victoria [1958] VR 101, Full Court). The respondent had given notice that there would be a question of jurisdiction to be determine…
Ling v Commonwealth [1996] FCA 669
Citation 8

…2] VR 557 Indrisie v. General Credits Ltd [1985] VR 251 James v. Commonwealth Bank of Australia (1992) 37 FCR 445 Obacelo Pty Ltd v. Taveraft Pty Ltd (1985) 5 FCR 210 Pilecki & Turner Pty Ltd v. Chen (unreported 23 April 1993)…
Re Ling; Ex parte Ling v Commonwealth [1995] FCA 532
Citation 9

…gs Ltd (1989) 101 ALR 504; referred to Re Willats; Ex parte Nissan Finance Corp Ltd (1991) 31 FCR 206; referred to Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210; distinguished…
Pilecki & Turner P/L v Chen, P. (also known as Pao Chu Chen Yang) [1993] FCA 301
Citation 10

…Obacelo Pty. Ltd. v Taveraft Pty. Ltd. (1985) 5 FCR 210…
Darling Downs Investments Pty Ltd v Ellwood, R [1988] FCA 252
Citation 11

…uestion of jurisdiction. I refer in particular to decisions in Maisey v First Coast Pty. Ltd. (1984) 1 FCR 316, Obacelo Pty. Ltd v Taveraft Pty. Ltd. (1985) 59 ALR 571, Aristolite v Gladstone Parking Shopping Centre Pty. Ltd. (1984) 55 ALR 387 and TJM Products Pty. Ltd. v A. & P. Tyres pty. Ltd. (1987) ATPR 40-770.…
Obacelo Pty Ltd v Taveraft Pty Ltd [1986] FCA 241
Citation 12

…action on behalf of Taveraft and also on behalf of Obacelo and its financiers. However, this cross claim was struck out for want of jurisdiction: see (1985) 59 ALR 571.…
Scales, P.G. v Systems Support Pty Ltd [1986] FCA 34
Citation 13

…sions of single judges of this Court (Friendship Corporation Pty. Ltd. v Adamad Pty. Ltd. (1984) 57 ALR 81 and Obacelo Pty. Ltd. v Taveraft Pty. Ltd. (1985) 59 ALR 571). Each of the latter two decisions arises out of circumstances very different from those in this matter and they do not assist in its resolution.…
Tucci v Victorian Civil and Administrative Tribunal [2010] VSC 425
Citation 14 (Para 1)

…h to ground jurisdiction.[96] But I reiterate that these are matters for another day. [96]See the reference to Obacelo Pty Ltd v Taveraft Pty Ltd (1985) 5 FCR 210, 218 (Wilcox J) in Sensyn Australia Pty Ltd v United Colours on Collins Pty Ltd (No 1) (2000) V Conv R 58-544, 68,233; [2000] VCAT 2010, [11]; cf Davidso…
Byron Shire Council v Vigden C J and Donna's Beach Pty Limited [1999] NSWLEC 285
Citation 15

…sought. Such conclusion must follow from the power given to that Court by the Judiciary Act 1903. In Obacelo Pty Ltd and Anor v Taveraft Pty Ltd (1985) 5 FCR 210 at 218, Wilcox J found that the power of the Federal Court to award costs in relation to a matter for which it had no jurisdiction is found in s 43 of th…

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