Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory orders - need for "particular caution" when deciding whether to grant leave in respect of decisions pertaining to practice and procedure - orders had potential to affect substantive rights CORPORATIONS LAW - shareholder seeking to join additional claims to winding up application - alleged breach of duty owed to company - rule in Foss v Harbottle - company is proper plaintiff to sue for a wrong done to it - settled rule is for liquidator to pursue claims in the name of the company - whether circumstances warrant vesting such rights in receiver - departure from rule only where "exception of necessity" - remedies available where liquidator unwilling to bring claims Corporations Law s.260(2)(c), s.460(1), s.461(k), ss.477(1) and (2)
Cases considered: Foss v Harbottle (1843) 2 Hare 461; 67 ER 189 Hurley v BGH Nominees Pty. Ltd. (1982) 6 ACLR 791 Adam P. Brown Male Fashions Pty. Ltd. v Philip Morris Inc. (1981) 148 CLR 170 Re Will of Gilbert (1946) 46 SR (NSW) 318 Scarel Pty. Ltd. v City Loan & Credit Corporation Pty Ltd (1988) 17 FCR 344 Ferguson v Wallbridge [1935] 3 DLR 66 Fargro Ltd. v Godfroy [1986] 1 WLR 1134 Zempilas v J N Taylor Ltd (in liq) (No 6) (1991) 5 ACSR 28 Garden Mews-St Leonards Pty Ltd v Butler Pollnow Pty Ltd (1984) 9 ACLR 91 Pollnow v Garden Mews-St Leonards Pty Ltd (1984) 9 ACLR 82 GEORGE CHRISTIANOS & ORS. v. ALORIDGE PTY. LIMITED & ANOR. No. G 3210 of 1993 BEAUMONT WHITLAM AND TAMBERLIN JJ. SYDNEY 21 AUGUST 1995
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 3210 of 1993 ) GENERAL DIVISION ) APPLICATION FOR LEAVE TO APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: GEORGE CHRISTIANOS First applicant MARIA CHRISTIANOS Second applicant NIKOLA VUCKOVIC Third applicant FREDERICK SALKANOVIC Fourth applicant GEMBANK LIMITED Fifth applicant AND: ALORIDGE PTY LIMITED (Provisional Liquidator appointed) First respondent WEST AUSTRALIAN GEM EXPLORERS PTY LIMITED (Provisional liquidator appointed) Second respondent CORAM: BEAUMONT, WHITLAM AND TAMBERLIN JJ. PLACE: SYDNEY DATE: 21 AUGUST 1995
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