Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Golden River Footwear Pty Ltd v Charlton [2007] FCA 587
CORPORATIONS – leave to institute a proceeding in name of a company – whether leave in the best interests of the company
Corporations Act 2001 (Cth) ss 236, 237 GOLDEN RIVER FOOTWEAR PTY LTD and KARL JEFFREY BOVE v STEPHEN ARTHUR CHARLTON, JENNIFER ROBYN CHARLTON, KISS & TELL AUSTRALIA PTY LTD, CHARLTON NOMINEES PTY LTD, FUMINA PTY LTD and DEAN ROBERT MCVEIGH VID 181 of 2007
FINKELSTEIN J
24 APRIL 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 181of 2007
BETWEEN: GOLDEN RIVER FOOTWEAR PTY LTD and
KARL JEFFREY BOVE
Plaintiffs
AND: STEPHEN ARTHUR CHARLTON,
JENNIFER ROBYN CHARLTON,
KISS & TELL AUSTRALIA PTY LTD,
CHARLTON NOMINEES PTY LTD,
FUMINA PTY LTD and
DEAN ROBERT MCVEIGH
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 24 APRIL 2007
WHERE MADE: MELBOURNE
Upon the Second Plaintiff by his counsel undertaking that he will pay the costs hereinafter incurred by Golden River Footwear Pty Ltd in the prosecution of the action to be brought pursuant to the leave granted by the orders herein, together with any costs that may be awarded against Golden River Footwear Pty Ltd:
THE COURT ORDERS THAT:
1. The Second Plaintiff have leave to bring an action in the name of Golden River Footwear Pty Ltd against Stephen Arthur Charlton, Jennifer Robyn Charlton, Kiss & Tell Australia Pty Ltd, Charlton Nominees Pty Ltd and Fumina Pty Ltd in accordance with the draft application and draft statement of claim filed herein. 2. The costs of this application be costs in the cause of the action to be brought by Golden River Footwear Pty Ltd.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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