Queensland Mining Corporation Ltd v Renshaw (No 2) [2014] FCA 438

FEDERAL COURT OF AUSTRALIA

Queensland Mining Corporation Ltd v Renshaw (No 2) [2014] FCA 438 Citation: Queensland Mining Corporation Ltd (No 2) v Renshaw [2014] FCA 438

Parties: QUEENSLAND MINING CORPORATION LIMITED (ACN 109 962 469) v HOWARD VICTOR RENSHAW, BUTMALL PTY LIMITED (ACN 060 658 639) and 23 MARTIN PLACE PTY LIMITED (ACN 145 097 258)

File number: NSD 1308 of 2013

Judge: PERRY J

Date of judgment: 5 May 2014

Catchwords: CORPORATIONS – Whether declaration ought to be made that plaintiff contravened s 200B of the Corporations Act 2001 (Cth) – Whether declaration is a precondition for making an order under s 200J – Whether the making of a declaration has any utility or is otherwise appropriate – Whether beneficial interest in benefit paid to a trustee is held on trust by the beneficiaries for the giver by force of s 200J – Whether good cause exists to justify not making an award of interest by virtue of plaintiff's involvement in breach of s 200B – Where judgment pronounced prior to making final orders –Whether an order extending the time within which to appeal is required

Legislation: Constitution, s 73 Corporations Act 2001 (Cth), ss 200B, 200J Federal Court of Australia Act 1976 (Cth), ss 4, 21, 24(1), 51A Federal Court Rules 2011 (Cth), r 36.03

Cases cited: Ah Toy v Registrar of Companies (NT) (1985) 10 FCR 280 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Competition and Consumer Commission v Kokos International Pty Ltd (No 2) [2008] FCA 5 Haines v Bendall (1991) 172 CLR 60 Khazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) (2011) 197 FCR 113 Australian Competition and Consumer Commission v Kokos International Pty Ltd (No 2) [2008] FCA 5 Queensland Mining Corporation Ltd v Renshaw [2014] FCA 365 Warramunda Village Inc v Pryde (2001) 105 FCR 437