Federal Court of Australia
Federal Court of Australia
Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198 Appeal from: Huber v CellOS Software Ltd (in liq) (No 2) [2023] FCA 459
File number(s): VID 404 of 2023
Judgment of: ANDERSON, MCEVOY AND BUTTON JJ
Date of judgment: 13 December 2023
Catchwords: PRACTICE AND PROCEDURE – leave to appeal –primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) – primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations Act 2001 (Cth) – whether leave to appeal required – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 181, 182, 183, 439C(c), 444E(3), 482, 500(2) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 25(2)(b)
Cases cited: CellOS Software Ltd v Huber (2018) 132 ACSR 468; [2018] FCA 2069 CellOS Software Ltd v Huber (No 2) (2020) 144 ACSR 267; [2020] FCA 505 HFPS Pty Ltd v Tamaya Resources Ltd (in liq) (No 1) [2016] FCA 442 House v The King (1936) 55 CLR 499 Huber v CellOS Software Ltd (in liq) (No 2) [2023] FCA 459 Huber v CellOS Software Ltd (in liq) [2022] FCA 744 Phoenix Institute of Australia Pty Ltd v Australian Competition and Consumer Commission [2017] FCA 155 Re Gordon Grant & Grant Pty Ltd [1983] 2 Qd R 314 Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate