Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mercedes Holdings Pty Ltd v Waters (No 3) [2011] FCA 236 Citation: Mercedes Holdings Pty Ltd v Waters (No 3) [2011] FCA 236
Parties: MERCEDES HOLDINGS PTY LIMITED, MAX INVESTMENTS (AUST) PTY LIMITED, MANSTED ENTERPRISES PTY LTD, MICHELLE O'GARR, JM CUSTOMS & FREIGHT SERVICES PTY LIMITED, OSVON PTY LIMITED, ADAM JOHN THORN & GRAHAM DEAN and MARK ROBERT HODGES & JANET ANNE HODGES v ANDREA JANE WATERS, MICHAEL JOHN ANDREW, WELLINGTON INVESTMENT MANAGEMENT LIMITED, OCTAVIA LIMITED, GUY HUTCHINGS, JOHN ARTHUR WHATELEY, JACK SIMON DIAMOND, CRAIG ROBERT WHITE, DEBORAH BEALE, STEVEN KRIS KYLING, STUART ROBERTSON PRICE, MICHAEL GORDON HISCOCK, MICHAEL CHRISTODOULOU KING, PAUL JOSEPH MANKA and IAN ZELINSKI
File number: NSD 324 of 2009
Judge: PERRAM J
Date of judgment: 18 March 2011
Corrigendum: 3 May 2011
Catchwords: BANKRUPTCY – Provable debts – whether persistence of claim against bankrupt for breach of fiduciary duty a claim for provable debt – Bankruptcy Act 1966 (Cth) ss 82, 229 PRACTICE AND PROCEDURE – Application to discontinue – representative proceedings – principles applicable to grant of leave to discontinue –Federal Court of Australia Act 1976 (Cth) s 33v PRACTICE AND PROCEDURE – Pleadings – Statement of Claim – application to amend – representative proceedings – particulars – principles applicable to grant of leave to amend – whether proposed allegations sufficiently particularised – nature of proposed claim TRUSTS – Beneficiary – standing – Trustee unwilling to sue – whether principle of "reflective loss" applies to trust
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