Federal Court of Australia
CATCHWORDS CORPORATIONS - rule in Foss v Harbottle - fourth exception and disputed fifth exception - whether derivative claim should be permitted to be added by amendment to an application after a provisional liquidator had been appointed in the application - whether possibility of provisional liquidator suing negatived fourth exception - whether in such circumstances fifth exception would exist - whether applicability of rule in Foss v Harbottle should be deferred for determination at the hearing - effect of appointment of a liquidator distinguished from that of appointment of a provisional liquidator - joinder under Federal Court Rules of causes of action held in different capacities - whether the applicant should be appointed receiver of the rights of action of the company, with power to sue in its name - joinder of additional claim with winding up application. Federal Court Rules, Order 6, r.1 Foss v Harbottle (1843) 2 Hare 461; 67 ER 189 Garden Mews - St Leonards Pty Ltd v Butler Pollnow Pty Ltd (1984) 9 ACLR 91 Aliprandi v Griffith Vintners Pty Ltd (in liq) (1991) 6 ASCR 250 Dempster v Mallina Holdings Ltd (Pidgeon, Rowland and Seaman JJ., Supreme Court of Western Australia, unreported, 17 March 1994) Biala Pty Ltd v Mallina Holdings Ltd (1993) 11 ACSR 785 Dempster v Biala Pty Ltd and TS Holdings Pty Ltd (1989) 15 ACLR 191 Hurley v BGH Nominees Pty Ltd (1982) 6 ACLR 791 Ferguson v Wallbridge [1935] 3 D.L.R 66 Fargro Ltd v Godfroy [1986] 1 W.L.R 1134 Pollnow v Garden Mews - St Leonards Pty Ltd (1984) 9 ACLR 82 Shirlaw v Taylor (1991) 31 FCR 222 Re Obie Pty Ltd (No 2) (1983) 8 ACLR 574 FAI Insurances Ltd v Pioneer Concrete Services Ltd (1987) 14 ACLR 250 Rymark (Australia) Development Consultants Pty Ltd v Mahoney's Constructions Pty Ltd [1972] V.R. 735 Re National Computer Systems & Services Ltd (1991) 6 ASCR 133. ALORIDGE PTY LIMITED (PROVISIONAL LIQUIDATOR APPOINTED) (ACN 003 954 318) v. WEST AUSTRALIAN GEM EXPLORERS PTY LIMITED NG 3210 of 1993 Burchett J. Sydney 10 January 1995
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