Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpoint Management Limited (in liq) (receivers and managers appointed) v Theobald, in the matter of Lanepoint Enterprises Pty Ltd (in liq) (receivers and managers appointed) [2012] FCA 686 Citation: Westpoint Management Limited (in liq) (receivers and managers appointed) v Theobald, in the matter of Lanepoint Enterprises Pty Ltd (in liq) (receivers and managers appointed) [2012] FCA 686
Parties: WESTPOINT MANAGEMENT LIMITED (ACN 074 148 431) (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) v SIMON GUY THEOBALD AS LIQUIDATOR OF LANEPOINT ENTERPRISES PTY LTD (ACN 110 693 251) (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED)
File number: WAD 507 of 2011
Judge: BARKER J
Date of judgment: 28 June 2012
Catchwords: PRACTICE AND PROCEDURE – contributory – leave to be heard in main proceeding – leave to intervene – joinder – abuse of process
Legislation: Corporations Act 2001 (Cth) s 9, s 459C(2)(c), s 1321 Corporations Regulations 2001 (Cth) reg 5.6.53, reg 5.6.53(2) Federal Court (Corporations) Rules 2000 (Cth) R 2.13, R 2.13(1)(a) Federal Court Rules 2011 (Cth) R 9.05, R 9.05(1), R 9.05(1)(b)(ii), R 9.12, R 9.12(2)
Cases cited: Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Receiver and Manager Appointed) [2011] HCA 18; (2011) 244 CLR 1 Australian Securities & Investments Commission v Lanepoint Enterprises Pty Ltd (Receiver and Manager Appointed) [No 2] [2009] FCA 493 Dale v State of Western Australia [2011] FCAFC 46; (2011) 191 FCR 521 Dale v State of Western Australia [2011] HCATrans 332 Freehills, Re New Tel Ltd (in liq) ACN 009 068 955 [2008] FCA 762; (2008) 66 ACSR 311 Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) v Australian Securities and Investments Commission [2010] FCAFC 49 Onefone Australia Pty Ltd v One.Tel Limited; Weston v Publishing and Broadcasting Limited [2007] NSWSC 1320 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 6) [2004] FCA 1699
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