Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van Aken (as Trustee of the Van Aken Family Trust) v Diver Nominees Pty Ltd (in the matter of Microheat Technologies Pty Ltd) [2012] FCA 829 Citation: Van Aken (as Trustee of the Van Aken Family Trust) v Diver Nominees Pty Ltd (in the matter of Microheat Technologies Pty Ltd) [2012] FCA 829
Parties: ROBERT VAN AKEN (AS TRUSTEE OF THE VAN AKEN FAMILY TRUST) v DIVER NOMINEES PTY LTD (ACN 069 683 834), CEDRIC ISRAELSOHN, VCAMM LIMITED (ACN 102 661 530), PETRACE PTY LTD (ACN 061 228 591), ALBERT FINANCE SERVICES PTY LTD (ACN 006 691 934), ALBERT SUPERANNUATION NOMINEES PTY LTD (ACN 066 684 679), LONE MOUNTAIN DEVELOPMENTS PTY LTD (ACN 069 125 837), GRIFFIN TECHNOLOGIES PTY LTD (ACN 100 030 144) and BRUSALIE PTY LTD (ACN 122 947 157)
File number: VID 377 of 2012
Judge: DODDS-STREETON J
Date of judgment: 27 July 2012
Catchwords: PRACTICE AND PROCEDURE – Application for leave to amend originating process by adding claim for breach of employment contract and further alternative relief – application to join additional defendants PRACTICE AND PROCEDURE – Application to strike out originating process under r 16.21 of the Federal Court Rules 2011 or alternatively, under the court's implied jurisdiction as not disclosing reasonable cause of action and abuse of process – whether r 16.21 applicable – whether originating process and supporting affidavit disclosed no reasonable cause of action
Legislation: Corporations Act 2001 (Cth), ss 232 and 233 Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules 2011 (Cth), r 16.21 Federal Court (Corporations) Rules 2000 (Cth)
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