Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith, In the Matter of Barron Entertainment Ltd (In Liq) v Barron
[2004] FCA 1596
CORPORATIONS – winding up – insolvent trading – action against directors – springing order requiring filing of defence – failure to comply with springing order – practical implementation of interlocutory judgment – claim for damages to be assessed according to various alternative periods of insolvency – assessment of damages requiring assessment of relevant period – issues similar to those raised at full trial – relevance to discretion to extend time for compliance with springing order
PRACTICE AND PROCEDURE – springing order – direction to file defence within a specified time – filing of formal defence – non-compliance with rules of pleading – bare admissions and denials – failure to have regard to information available to respondents at time defence filed – failure to sign certificate verifying pleading – illusory defence – non-compliance with springing order – whether judgment should be entered – discretion to extend time – time extended – indemnity costs – payment forthwith
Corporations Act (2001) (Cth) s 588G, s 588H, s 588M Federal Court Rules O 11 r 18, O 11 r 13(3), O 11 r 1B
Burkett v Miller (unrep, Sup Court, 6/9/77) cited Magenta Nominees Pty Ltd v Bonini [1999] WASC 88 cited Reiss v Wolf [1952] 2 QB 557 cited Republic of Liberia v Roye [1876] 1 App Cas 139 cited Freeman v Rabinov [1981] VR 539 cited Southern Cross Oil v Fire and All Risks Insurance Co Ltd (1986) 7 NSWLR 319 cited Bomanite Pty Ltd v Slatex Corp Australia Pty Limited (1991) 32 FCR 379 cited
In the Matter of section 588M(2) of the Corporations Act And In the Matter of Barron Entertainment Ltd (ACN 008 971 560) (Receiver and Manager Appointed) (In Liquidation), And In the Matter of Barron Television Ltd ACN 009 998 794) (Receiver and Manager Appointed) (In Liquidation) VINCENT ANTHONY SMITH AND BRYAN KEVIN HUGHES as Liquidators of Barron Entertainment Ltd (ACN 008 971 560) (Receiver and Manager Appointed) (In Liquidation) v Paul Douglas Barron and David James Humann W3034 of 2003 FRENCH J 3 DECEMBER 2004 PERTH
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