Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Done v Financial Wisdom Limited [2008] FCA 1706
Bankruptcy Act 1966 (Cth) s 58(3)(b) Corporations Act 2001 (Cth) ss 471B, 562 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6(4) Federal Court Rules O 6 r 2 Ashmere Cove Pty Ltd v Knightsbridge Managed Funds Ltd (in liq) [2007] FCA 1428 referred to Council of the City of Sydney v West (1965) 114 CLR 481 considered Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 applied Employers Reinsurance Corporation v Ashmere Cove Pty Ltd (2008) 166 FCR 398 followed Nissho Iwai Australia Ltd v Malaysian International Shipping Corporation, Berhad (1989) 167 CLR 219 considered Ogilvie-Grant v East (1983) 7 ACLR 669 considered Re Rose; Ex parte Devaban Pty Ltd (unreported, Hill J, 7 October 1994) applied Re Sharp; Ex parte Tietyens Investments Pty Ltd (in liq) [1998] FCA 1367 cited Sturdy Components Pty Ltd v Trustee of the Bankrupt Estate of Sturt [2000] FCA 884 cited KENNETH STEPHEN DONE, JUDITH ANNE DONE, KANILO PTY. LIMITED, SILKGROW PTY. LIMITED, WAINIDIVA PTY LIMITED, MOONGAZER PTY LIMITED, KEN DONE & ASSOCIATES PTY LTD and DONE NOMINEES PTY. LIMITED v FINANCIAL WISDOM LIMITED, WAYNE CHEN, BENTLEY BARTON PARTNERS PTY LIMITED (IN LIQ) and GARY TAYLOR
NSD 2178 of 2007
PERRAM J
14 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2178 of 2007
BETWEEN: KENNETH STEPHEN DONE & 7 ORS
Applicants
AND: FINANCIAL WISDOM LIMITED
First Respondent
WAYNE CHEN
Second Respondent
BENTLEY BARTON PARTNERS PTY LIMITED (IN LIQ)
Third Respondent
GARY TAYLOR
Fourth Respondent
JUDGE: PERRAM J
DATE OF ORDER: 14 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Allianz Australia Insurance Limited be joined as a respondent to the proceeding pursuant to Order 6 rule 2 of the Federal Court Rules. 2. Leave is granted to the applicants to proceed against Bentley Barton Partners Pty Limited (in liq). 3. Leave is granted to the applicants to proceed against the estate of Gary Taylor. 4. Leave is granted to the applicants to file a further amended statement of claim in the form of exhibit 4. 5. Allianz Australia Insurance Limited pay the applicants' costs of the motion seeking its joinder. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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