Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marketing Advisory Services (MAS) v Football Tasmania Ltd [2002] FCAFC 165
CORPORATIONS – objects of corporation A include taking over liabilities of corporation B which has been wound up – third party claims to have cause of action against corporation B – whether corporation A liable to third party. Copyright Act 1968 (Cth), ss 31, 68, 88, 101 Corporations Law, ss 494, 496, 500(2), 509 Limitation Act 1974 (Tas) Corporations Act 2001 (Cth), s 140 Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules, O 52 rr 1, 10(2)(b), 15(1)(i)
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, cited. Fancourt v Mercantile Credits Ltd (1983) CLR 87, cited. Weatherall v Satellite Receiving Systems (Australia) Pty Ltd (1999) 92 FCR 101, cited. Dai v Telstra Corporation Ltd (2000) 171 ALR 348, cited. Bailey v New South Wales Medical Defence Union Ltd (1995) 184 CLR 399, applied. Ford's Principles of Corporations Law MARKETING ADVISORY SERVICES (MAS) v FOOTBALL TASMANIA LTD T 39 of 2001 SACKVILLE, KENNY & ALLSOP JJ MELBOURNE (BY VIDEOLINK TO HOBART) 31 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T 39 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARKETING ADVISORY SERVICES (MAS)
APPELLENT
AND: FOOTBALL TASMANIA LTD
RESPONDENT
JUDGES: SACKVILLE, KENNY & ALLSOP JJ
DATE OF ORDER: 31 MAY 2002
WHERE MADE: MELBOURNE (BY VIDEOLINK TO HOBART)
THE COURT ORDERS THAT: 1. The purported appeal and application for leave to appeal be dismissed as incompetent. 2. The application for an extension of time in which to file an application for leave to appeal be dismissed. 3. The applicant pay the respondent's costs of the purported appeal and application for leave to appeal and of the application for extension of time. 4. The respondent's motion that the applicant be ordered to give security for costs of the appeal be dismissed. 5. There be no order as to the costs of the respondent's motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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