Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moltoni Corporation Pty Ltd v Westpac Banking Corporation [2013] FCA 1424 Citation: Moltoni Corporation Pty Ltd v Westpac Banking Corporation [2013] FCA 1424
Parties: MOLTONI CORPORATION PTY LTD ACN 009 018 571 (RECEIVERS & MANAGERS APPOINTED), MOLTONI HOLDINGS PTY LTD ACN 050 983 657 (RECEIVERS & MANAGERS APPOINTED), MOLTONI NO 1 PTY LTD ACN 079 113 698 (RECEIVERS & MANAGERS APPOINTED), ROBERT CHARLES MOLTONI, BIBRA LAKE INVESTMENTS PTY LTD ACN 126 077 405 and HAPPY VALLEY RESOURCES PTY LTD v WESTPAC BANKING CORPORATION ACN 007 457 141, ST GEORGE FINANCE LTD ACN 001 094 471, ERNST & YOUNG TRANSACTION ADVISORY SERVICES LTD ABN 87 007 599 844, VINCENT ANTHONY SMITH and ADAM PAUL NIKITINS; MOLTONI HOLDINGS PTY LTD ACN 050 983 657 (RECEIVERS & MANAGERS APPOINTED), VINCENT ANTHONY SMITH and ADAM PAUL NIKITINS; HAPPY VALLEY RESOURCES PTY LTD ACN 110 865 408 and BIBRA LAKE INVESTMENTS PTY LTD ACN 126 077 405
File number: NSD 1976 of 2012
Judge: BARKER J
Date of judgment: 20 December 2013
Catchwords: PRACTICE AND PROCEDURE – applications for summary judgment – whether misleading and deceptive conduct claim has reasonable prospect of success – whether intentional interference with contractual relations claim has reasonable prospect of success – whether breach of duty by receivers claim has reasonable prospect of success – whether issues of fact and law that should be determined at trial
Legislation: Corporations Act 2001 (Cth) s 127 Federal Court of Australia Act 1976 (Cth) s 31A Trade Practices Act 1987 (Cth) s 52 Federal Court Rules 2011 (Cth) R 26.01
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