FEDERAL COURT OF AUSTRALIA
IMF (AUSTRALIA) LTD v SONS OF GWALIA LTD (ADMINISTRATOR APPOINTED) ACN 008 994 287 [2004] FCA 1390
IMF (AUSTRALIA) LTD v SONS OF GWALIA LTD (ADMINISTRATOR APPOINTED) ACN 008 994 287
W227 OF 2004
FRENCH J
1 NOVEMBER 2004 (Corrigendum dated 11 January 2005)
MELBOURNE (HEARD IN PERTH)
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IN THE FEDERAL COURT OF AUSTRALIA |
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WESTERN AUSTRALIA DISTRICT REGISTRY |
W227 OF 2004 |
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BETWEEN: |
IMF (AUSTRALIA) LTD APPLICANT
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AND: |
SONS OF GWALIA LTD (ADMINISTRATOR APPOINTED) ACN 008 994 287 RESPONDENT
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JUDGE: |
FRENCH J |
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DATE: |
1 NOVEMBER 2004 (Corrigendum dated 11 January 2005) |
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PLACE: |
MELBOURNE (Heard in Perth) |
In the reasons for judgment delivered on 1 November 2004 at [47] delete the first sentence and replace with:
‘The requirement of a proper contradictor in a declaratory context is not merely to ensure that the Court will be provided with all materials but also arises because absent a contradictor there is no person to be bound by the relief sought: Acs v Anderson (1974) 1 NSWLR 212 at 215 (Hutley JA) cited in PW Young, Declaratory Orders Butterworths 2nd Edition at [210].’
Associate:
Dated: 11 January 2005
