Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 1092 Citation: Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 1092
Parties: LIFEPLAN AUSTRALIA FRIENDLY SOCIETY LTD ACN 087 649 492 and FUNERAL PLAN MANAGEMENT PTY LTD ACN 003 769 640 v NOEL WOFF, RICHARD CORBY, FUNERAL PLANNING AUSTRALIA PTY LTD (IN LIQUIDATION) ACN 147 314 663 and ANCIENT ORDER OF FORESTERS IN VICTORIA FRIENDLY SOCIETY LIMITED
File number: SAD 99 of 2012
Judge: BESANKO J
Date of judgment: 22 October 2013
Catchwords: PRACTICE AND PROCEDURE – Application by applicants to proceed against the third respondent pursuant to s 471B of the Corporations Act 2001 (Cth) – where third respondent is a company in liquidation – whether the Court should exercise its discretion to grant leave – consideration of relevant factors. Held: The applicants have leave to proceed with the proceeding against the third respondent pursuant to s 471B of the Corporations Act 2001 (Cth) up to the entry of judgment.
Legislation: Corporations Act 2001 (Cth) s 471B
Cases cited: Ballantyne Suites Pty Ltd v Ballantyne Chambers Pty Ltd (2013) VSC 66 JJ Leonard Property Pty Ltd v Leonard (WA) Pty Ltd (in liq) (1987) 5 ACLC 575 Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 613 Ogilvie-Grant & Anor v East as Liquidator of Gordon Grant and Grant Pty Ltd (in liq) (1983) 1 ACLC 742 Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749 Vagrand Pty Ltd (in liq) v Fielding and Others (1993) 113 ALR 128
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