Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phisci Pty Ltd v Green Frog Nominees Pty Ltd (No 2) [2008] FCA 1492
CORPORATIONS – company in liquidation – action by plaintiff to recover property – company a necessary party to action – leave to proceed granted
Corporations Act 2001 (Cth), s 500 Cope v Home [2002] NSWSC 777 David Lloyd & Co, Lloyd v David Lloyd & Co, In re (1877) 6 Ch D 339 Marshall v Glamorgan Iron & Coal Co (1868-69) LR 7 Eq 129 Rio Grande do Sul Steamship Co, Re (1887) LR 5 Ch D 282 PHISCI PTY LTD v GREEN FROG NOMINEES PTY LTD, OPES PRIME STOCKBROKING PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED), JOHN ROSS LINDHOLM, PETER DAMIEN MCCLUSKEY and ADRIAN LAWRENCE BROWN
VID 265 of 2008
FINKELSTEIN J
16 SEPTEMBER 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 265 of 2008
IN THE MATTER OF OPES PRIME STOCKBROKING PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) BETWEEN: PHISCI PTY LTD
Plaintiff
AND: GREEN FROG NOMINEES PTY LTD,
OPES PRIME STOCKBROKING PTY LTD (RECEIVER AND MANAGER APPOINTED) (ADMINISTRATOR APPOINTED),
JOHN ROSS LINDHOLM,
PETER DAMIEN MCCLUSKEY
and ADRIAN LAWRENCE BROWN
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 16 SEPTEMBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The plaintiff is released from the undertaking it gave on 8 May 2008 not to take any further step in the proceeding without leave of the court or consent of the administrators of the second defendant.
2. The plaintiff has leave to proceed against the first defendant.
3. The plaintiff not take any step to enforce any judgment for the payment of money obtained against either defendant without the leave of a judge.
4. The plaintiff file and serve a statement of claim on or before 24 September 2008.
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