Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sienkiewicz (As Trustee for the Sienkiewicz Superannuation Fund) v Salisbury Group Pty Limited [2013] FCA 977 Citation: Sienkiewicz (As Trustee for the Sienkiewicz Superannuation Fund) v Salisbury Group Pty Limited [2013] FCA 977
Parties: HENRY SIENKIEWICZ (AS TRUSTEE FOR THE SIENKIEWICZ SUPERANNUATION FUND), ANNE SIENKIEWICZ (AS TRUSTEE FOR THE SIENKIEWICZ SUPERANNUATION FUND) and A.T. MELVILLE PTY LTD (AS TRUSTEE FOR THE AT MELVILLE RETIREMENT FUND) v SALISBURY GROUP PTY LIMITED ACN 089 332 918, JOHN TODD and TREVOR MARTIN
File number: NSD 864 of 2012
Judge: ROBERTSON J
Date of judgment: 30 September 2013
Catchwords: PRACTICE AND PROCEDURE – joinder – application to join insurers as respondents – r 9.05(1)(b)(iii) of Federal Court Rules 2011 (Cth) – whether arguable case against insurers to support their joinder – discretion to join
Legislation: Bankruptcy Act 1966 (Cth) s 117 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6(4) Federal Court Rules 2011 (Cth) r 9.05
Cases cited: Ashmere Cove Pty Ltd v Beekink (No 2) (2007) 244 ALR 534 Bupa Australia Pty Ltd v iSelect (No 2) [2012] FCA 1277 Employers Reinsurance Corporation v Ashmere Cove Pty Ltd (2008) 166 FCR 398 Spencer v Commonwealth (2010) 241 CLR 118
Date of hearing: 13 September 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 57
Counsel for the Applicants: Mr P Braham SC and Mr A Crossland
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