Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749
PRACTICE AND PROCEDURE – application for leave to file a cross-claim against a company in liquidation under s 471B of the Corporations Act 2001 (Cth) – liquidators excused from participating further in the proceedings – proposed cross-claim depends entirely on the success of the primary proceedings – liquidators likely to admit a proof of debt – whether there is good reason to depart from a proof of debt process – application dismissed. Corporations Act 2001 (Cth), ss 440D, 471B, 1321 Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12GF
Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd (Receivers and Managers Appointed) (in liq) [2009] FCA 42 cited BHG Nominees Pty Ltd v Ellis Young Investments Pty Ltd & Ors (1998) 16 ACLC 1539 distinguished Commonwealth v Davis Samuel Pty Ltd (No.5) [2008] ACTSC 124 cited King v Yurisch (2006) 59 ACSR 598cited Meehan v Stockmans Australian Café (Holdings) Pty Ltd (1996) 22 ACSR 123 cited Re Gordon Grant and Grant Pty Ltd [1983] 2 Qd R 314 cited Rodgers v Schmierer; in the matter of Reader [2002] FCA 717 cited Tyrrell v Tyrrells Building Consultancy Pty Ltd (2008) 66 ACSR 134 cited Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550 cited GILLIAN SWABY and RICK WAYNE CRABB AND CAROL JEAN CRABB v LIFT CAPITAL PARTNERS PTY LTD (IN LIQUIDATION), MLAE NOMINEES PTY LTD, MERRILL LYNCH INTERNATIONAL, MERRILL LYNCH (AUSTRALIA) NOMINEES PTY LTD, MERRILL LYNCH INTERNATIONAL (AUSTRALIA) LIMITED, MERRILL LYNCH EQUITIES (AUSTRALIA) LIMITED and MLEQ NOMINEES PTY LTD
WAD 66 of 2008
GILMOUR J
13 JULY 2009
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 66 of 2008
GENERAL DIVISION
BETWEEN: GILLIAN SWABY
First Applicant
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