Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hopkins v AECOM Australia Pty Ltd [2012] FCA 1204 Citation: Hopkins v AECOM Australia Pty Ltd [2012] FCA 1204
Parties: STEPHEN HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND and KIM DENISE HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND v AECOM AUSTRALIA PTY LTD (ACN 093 846 925) (FORMERLY KNOWN AS MAUNSELL AUSTRALIA PTY LTD and RiverCity Motorway Management Limited (Administrators appointed) (ACN 117 343 361) and RiverCity Motorway Services Pty Limited (Administrators appointed) (Receivers and Managers appointed) (ACN 117 139 992) ` File number: NSD 757 of 2012
Judge: NICHOLAS J
Catchwords: CORPORATIONS – where company in voluntary administration – whether leave to proceed should be given under s 440D of the Corporations Act 2001 (Cth) – where leave to proceed neither consented to nor opposed by administrators – where administration likely to be complex and lengthy – where claims against company part of wider controversy raising common issues and involving numerous related entities – relevance of insurance – lack of insurance relevant but not decisive – conditions upon which leave to proceed should be granted – power of Court to avoid or ameliorate any hardship or inconvenience by case management or imposition of further conditions – leave to proceed granted on condition that any judgment obtained not to be enforced without leave
Date of judgment: 1 August 2012
Legislation: Corporations Act 2001 (Cth) s440D Federal Court of Australia Act 1976 (Cth) Part IVA
Cases cited: Foxcroft v The Ink Group Pty Ltd (1994) 15 ACSR 203 Brian Rochford Ltd (admin apptd) v Textile Clothing & Footwear Union of NSW (1998) 47 NSWLR 47 Arpic Pty Ltd v Austin Australia Pty Ltd (2004) 49 ACSR 71 Attard v James Legal Pty Ltd [2010] NSWCA 311 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd (2011) 285 ALR 207
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