Acer Computer Australia Pty Limited v Carter (No 2) [2007] FCA 1943

FEDERAL COURT OF AUSTRALIA

Acer Computer Australia Pty Limited v Carter (No 2) [2007] FCA 1943

PRACTICE AND PROCEDURE – application for joinder of nine separate actions by suppliers of goods to companies within a retail chain where relief sought against the receivers and managers of the various companies – leave to amend in circumstances where there may be no reasonable prospect of the claims the subject of the amendment being successfully prosecuted CORPORATIONS – application for an extension of time within which to file originating process in an appeal under s 1321 of the Corporations Act – circumstances in which relief may be ordered under ss 1321 and 1324(10) of the Act Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules Order 6 r2, Order 13 r2(1), r2(2) and r3(1) Federal Court (Corporations) Rules 2000 Rule 14.1 Corporations Act 2001 (Cth) ss 421(1), 554A, 1321 and 1324(10) Companies Act 1981 (Cth) s 538 UniformCompanies Act 1961 s 279 Companies Act 1958 (Vic) s 175 Companies Act 1938 (Vic) s 192 Companies Act 1936 (NSW) s 232 Bankruptcy Act 1924 (Cth) s 148 Bankruptcy Act 1966 (Cth) s 178 Companies Act 1948 (UK) s 246 Re Tyndall, Ex parte Official Receiver (1977) 17 ALR 182 Re Allebart Pty. Ltd. (in Liq.) and the Companies Act (1971) 1 NSWLR 24 Leon v York-O-Matic Ltd. [1966] 1 WLR 1450 In re Peters, Ex parte Lloyd (1882) 47 LT 64 Yeomans v Walker (1986) 5 NSWLR 378 Australian Securities and Investments Commission v Forestview Nominees Pty Ltd (ACN 063 440 102) (recs and mgrs apptd) (2006) 236 ALR 652 Barnes v Addy (1874) 9 Ch App 244 Jovanovic v Commonwealth Bank of Australia (2004) 87 SASR 570 Porter v OAMPS Ltd [2005] FCA 232 Bishop v Bridgelands Securities (1990) 25 FCR 311 General Steel Industries Inc. v Commissioner for Railways (N.S.W.) (1964) 112 CLR 125 Theseus Exploration N.L. v Foyster (1972) 126 CLR 507 Flexible Manufacturing Systems Pty Ltd v Fernandez [2003] FCA 1491 Derwinto Pty Ltd (in liq) v Lewis (2002) 42 ACSR 645 ACER COMPUTER AUSTRALIA PTY LIMITED ACN 003 872 768, AUDIO PRODUCTS GROUP PTY LIMITED ACN 054 550 499, HAGEMEYER BRANDS AUSTRALIA PTY LIMITED ACN 001 375 686, INGRAM MICRO PTY LIMITED ACN 112 487 966, PANASONIC AUSTRALIA PTY LIMITED ACN 001 592 187, PEBBLE ELECTRONICS PTY LIMITED ACN 104 094 993, THINK APPLICANCES PTY LIMITED ACN 104 094 993, GRUNDIG AUSTRALIA PTY LIMITED ACN 089 579 279 AND FUJITSU GENERAL (AUST.) PTY LIMITED ACN 001 229 554 v PHILIP PATRICK CARTER AND DAVID LAURENCE MCEVOY (IN THEIR CAPACITY AS JOINT & SEVERAL RECEIVERS & MANAGERS OF BETTA STORES LIMITED (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) ACN 009 710 605, BETTA STORES (SOUTHERN) PTY LIMITED (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) ACN 059 881 220, BETTA STORES (NORTHERN) PTY LIMITED (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) ACN 112 330 944, A.K. TRUSCOTT INVESTEMENTS PTY LIMITED (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) ACN 007 818 493 AND BSL FINANCE PTY LIMITED (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) ACN 058 061 822) NSD 789 OF 2007