Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lardis v Free [2014] FCA 304 Citation: Lardis v Free [2014] FCA 304
Parties: MICHAEL VICTOR LARDIS v STEWART FREE
File number: NSD 1514 of 2013
Judge: FARRELL J
Date of judgment: 31 March 2014
Catchwords: CORPORATIONS - winding up on just and equitable grounds - potential breaches of directors' duties - assignment of choses in action by liquidator - whether Court approval required pursuant to s 477(2B) of the Corporations Act 2001 (Cth) - protection of position of contributories - whether directions should have been sought by liquidator COSTS - case terminated before the end of the hearing - position of liquidator where plaintiff and where defendant - whether liquidator in effect plaintiff - discretionary factors - whether liquidator entitled to indemnity from assets of the company
Legislation: Corporations Act 2001 (Cth)
Cases cited: AMC Commercial Cleaning (NSW) Pty Ltd v Coade [2013] NSWSC 332 Cant, Re Novaline Pty Ltd (in liq) [2011] FCA 898 Hypec Electronics Pty Ltd (in liq) v Mead [2004] NSWSC 731 Ibrahim v Peri Australia Pty Ltd [2013] NSWCA 328 In the matter of Amazon Pest Control Pty Limited [2012] NSWSC 1568 International Cat Manufacturing Pty Ltd (in liq) v Rodrick (No 2) [2013] QSC 307 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 Re London Metallurgical Company [1895] 1 Ch 758 Re Minister for Immigration and Ethnic Affairs, Ex parte Lai Qin (1997) 186 CLR 622 Re Wilson Lovatt & Sons Limited [1977] 1 All ER 274 Silvia v Brodyn Pty Limited [2007] NSWCA 55
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