Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) [2012] FCA 341 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) [2012] FCA 341
Parties: PANKAJ OSWAL v IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))
File number: WAD 370 of 2011
Judge: SIOPIS J
Date of judgment: 15 February 2012
Catchwords: PRACTICE AND PROCEDURE – security for costs – the plaintiff was the former managing director of a company – the plaintiff made an application under s 423 of the Corporations Act 2001 (Cth) for the Court to inquire into the conduct of the defendants in their capacities as receivers and managers of the company – whether the plaintiff's application was a proceeding to which s 56(1) of the Federal Court of Australia Act 1976 (Cth) applied.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 56 Corporations Act 2001 (Cth) ss 423(1)(a), 423(1)(b), 423(3) Federal Court (Corporations) Rules 2000 rr 2.2(1)(a), 2.2(3)(b), 4.1
Cases cited: NV Sumatra Tobacco Trading Company v British American Tobacco Australian Services Limited (2008) 79 IPR 286 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189
Date of hearing: 15 February 2012
Place: Perth
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