Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Engineered Thermal Systems Pty Limited v Salmon, In the Matter of Salmon & Speck Pty Ltd (In Liq) [2012] FCA 1159 Citation: Engineered Thermal Systems Pty Limited v Salmon, In the Matter of Salmon & Speck Pty Ltd (In Liq) [2012] FCA 1159
Parties: ENGINEERED THERMAL SYSTEMS PTY LIMITED (ACN 008 646 571) v GEOFFREY JOHN SALMON and PETER ANTON SPECK; IN THE MATTER OF SALMON & SPECK PTY LTD (IN LIQUIDATION) (ACN 124 792 598)
File number: ACD 33 of 2012
Judge: FOSTER J
Date of judgment: 23 October 2012
Catchwords: PRACTICE AND PROCEDURE – application by plaintiff for judgment by default under r 5.23(2)(b) and (c) of the Federal Court Rules 2011 (Cth) against one of two former directors of a corporation in liquidation pursuant to the insolvent trading provisions of the Corporations Act 2001 (Cth) – relevant principles discussed – relief granted
Legislation: Civil Dispute Resolution Act 2011 (Cth) Corporations Act 2001 (Cth), ss 588G, 588M(3), 588S and 1317S Federal Court (Corporations) Rules 2000 (Cth), r 1.3 and r 2.9 Federal Court Rules 2011 (Cth), rr 5.01, 5.02, 5.03, 5.22, 5.23, 16.31 and 16.32 Federal Court Rules (Cth), O 35A r 3(2)(c)
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 cited Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227 followed
Date of hearing: 12 October 2012
Place: Canberra
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