Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashmere Cove Pty Ltd v Beekink (No 2) [2007] FCA 1421
PRACTICE AND PROCEDURE – declaratory relief – power to grant declaration – factors affecting discretion to grant declaration – power to grant declaration that respondent liable to a person other than applicant JOINDER OF PARTIES – factors affecting discretion to order joinder – applicants suing former directors and company in liquidation for breach of duty – application to join company insurers as respondents to obtain declaration that insurers liable to indemnify directors – unlikelihood of any judgment being satisfied by corporate respondent – need to avoid multiplicity of proceedings Corporations Act 2001 (Cth) s 471B Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) s 21, s 22, s 23 Insurance Contracts Act 1984 (Cth) s 51 Bankruptcy Act 1966 (Cth) Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) 139 ALR 663 cited JN Taylor Holdings Ltd (In Liquidation) v Alan Bond (1993) 59 SASR 432 cited Johnco Nominees Pty Ltd v Albury-Wodonga (NSW) Corporation [1977] 1 NSWLR 43 cited Gardner v Dairy Industry Authority (1977) 52 ALJR 180 cited Re Multi-tech Services Pty Ltd (In liq); Heard v Commonwealth Trading Bank of Australasia (1982) 30 SASR 218 cited CE Heath Casualty and General Insurance Ltd v Pyramid Building Society (In Liquidation) (1997) 2 VR 256 cited Beneficial Finance Corporation Ltd v Price Waterhouse (1996) 68 SASR 19 cited Interchase Corporation Ltd (in liq) v FAI General Insurance Co Ltd [1982] 2 QD R 301 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1699 cited ASHMERE COVE PTY LTD , CG SUPER PTY LTD, CHORAL PTY LTD, PULLINGTON INVESTMENTS PTY LTD, GERALDINE GRAY IN HER CAPACITY AS EXECUTOR FOR THE LATE CONSTANCE PHYLLIS JAMES, MANTAL BREWING SERVICES PTY LTD, CATHERINE EMMA HUSK, MIKAYLA KIM DUNNE AND JENNIFER ANNE ALLEN, BLYTH NOMINEES PTY LTD, JOHN ANDREW MASLEN AND JOAN CARMEL MASLEN AND CREATION PTY LTD v PETER CORNELIUS BEEKINK , HERSH SOLOMON MATJELES, GREGORY PHILLIP GAUNT, GIOVANNI MAURIZIO CARRELLO (LIQUIDATOR) OF KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) AND KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) WAD 305 OF 2006
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