Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 1078

FEDERAL COURT OF AUSTRALIA

Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 1078 Citation: Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2011] FCA 1078

Related to: Tamawood Limited (ACN 010 954 499) v Habitare Developments Pty Ltd (ACN 122 935 497) [2009] FCA 364

Parties: TAMAWOOD LIMITED ACN 010 954 499 v HABITARE DEVELOPMENTS PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 122 935 497, BLOOMER CONSTRUCTIONS (QLD) PTY LTD ACN 071 344 100, PETER FREDERICK O'MARA, DAVID GAVIN JOHNSON, WAYNE NORMAN BLOOMER, HABITARE PTY LTD ACN 098 209 495, EIGHT MARCH PTY LTD ACN 099 315 787 (AS TRUSTEE OF THE EIGHT MARCH DISCRETIONARY TRUST), FIRST PRIORITY DEVELOPMENTS PTY LTD ACN 098 329 465, MONDO ARCHITECTS PTY LTD ACN 085 992 990 and RAYMOND JOHN MCDONALD SWEENEY

File number: NSD 2504 of 2007

Judge: COLLIER J

Date of judgment: 19 September 2011

Catchwords: PRACTICE AND PROCEDURE – reasons for interlocutory guillotine orders – length and complexity of proceedings – previous indulgences granted by Court in respect of compliance with orders – r 5.23 Federal Court Rules 2011 – failure to comply with orders of the Court – substantial delays in filing material necessary for trial – prejudice to other parties – no application to vacate trial dates – proximity to trial – principles of case management PRACTICE AND PROCEDURE – voluntary administration of the first respondent pursuant to Pt 5.3A Corporations Act 2001 – leave granted pursuant to s 440D Corporations Act 2001 for applicant to proceed with principal proceedings against first respondent