Thompson v Department of Environment and Conservation [2011] FCA 617

FEDERAL COURT OF AUSTRALIA

Thompson v Department of Environment and Conservation [2011] FCA 617 Citation: Thompson v Department of Environment and Conservation [2011] FCA 617

Parties: MATT WILLIS THOMPSON and JANET HUFNAGEL THOMPSON v DEPARTMENT OF ENVIRONMENT AND CONSERVATION, STATE OF WESTERN AUSTRALIA, PAUL BYRNES, NATIONAL AUSTRALIA BANK LTD (ACN 004 044 937), MARTIN JONES, ANDREW SAKER AND DANIEL WEAVER and NARROGIN BEEF PRODUCERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 100 851 376)

File number: NSD 1383 of 2010

Judge: BARKER J

Date of judgment: 3 June 2011

Catchwords: CORPORATIONS - Corporations Act 2001 (Cth) s 237 - application by applicants to bring derivative action - criteria specified in s 237(2) not met - applicants refused leave PRACTICE AND PROCEDURE - application by fifth respondents to set aside or permanently stay originating process issued against it - where validity of appointment of fifth respondents as receivers and managers challenged by applicants - where issue considered in separate proceedings and appointment confirmed under s 418A of the Corporations Act 2001 (Cth) PRACTICE AND PROCEDURE - application to strike out pleadings - whether applicant has no reasonable prospect of successfully prosecuting proceeding - alleged contravention of the Trade Practices Act 1974 (Cth) - whether Act binds State parties - whether activities of State parties in granting or purporting to grant licences amounts to carrying on a business