Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Noble Investments Pty Ltd v Southern Cross Exploration NL; In the matter of Southern Cross Exploration NL ACN 000 716 012 [2008] FCA 1963
CORPORATIONS – application pursuant to s 232 of the Corporations Act 2001 (Cth) – whether possible for plaintiffs to obtain an order winding up publicly listed solvent company – if the Court is satisfied of oppression or unfairness relief which is best suited – winding up order would be rare but not impossible PRACTICE AND PROCEDURE – interlocutory application for summary judgment pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) – whether proper use of the provision – s 31A not designed for striking out a defective or partially defective pleading – designed to give judgment where no reasonable prospect of success – application dismissed PRACTICE AND PROCEDURE – whether relief sought in originating application – relief sought would only be struck out if the Court convinced that relief would never be granted – two prayers for relief not pressed – application dismissed Corporations Act 2001 (Cth) s 232, s 233 Federal Court of Australia Act 1976 (Cth) s 31A Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459 cited Jenkins v Enterprise Goldmines NL (1992) 6 ACSR 539 applied Fortron Automotive Treatments Pty Ltd v Jones (No 2) [2006] FCA 1401 referred to White Industries Aust Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298 applied Re William Brooks & Co Ltd [1962] NSWLR 142 cited Re Weedmans Ltd (1974) Qd R 377 referred to Latimer Holdings Ltd v SEA Holdings NZ Ltd [2005] 2 NZLR 328 distinguished Cumberland Holdings Ltd v Washington H Soul Pattinson & Company Ltd (1977) 2 ACLR 307 cited IN THE MATTER OF SOUTHERN CROSS EXPLORATION NL ACN 000 716 012 NOBLE INVESTMENTS PTY LTD ACN 007 998 914 IN ITS OWN CAPACITY AND AS THE TRUSTEE FOR THE NOBLE INVESTMENTS AND CONSULTING SERVICES TRUST AND THE NOBLE INVESTMENTS SUPERANNUATION FUND, LEADENHALL AUSTRALIA LIMITED ACN 007 997 248 and CHI INVESTMENTS PTY LTD ACN 064 569 035 v SOUTHERN CROSS EXPLORATION NL ACN 000 716 012
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate