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Gilla on behalf of the Yugunga-Nya People v State of Western Australia

[2021] FCA 952

Federal Court of Australia10 August 2021

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Judges

Mortimer J

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Case Details

Citation[2021] FCA 952

CourtFCA

JurisdictionCommonwealth

Decision Date10 August 2021

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Judgment

Judges

Mortimer J

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

Gilla on behalf of the Yugunga-Nya People v State of Western Australia at [30]

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Gilla on behalf of the Yugunga-Nya People v State of Western Australia at [37]

Gilla on behalf of the Yugunga-Nya People v State of Western Australia [2021] FCA 952 — BarristerAI

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