Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JFTA Pty Limited (In Liquidation) v John Holland Pty Limited [2014] FCA 760 Citation: JFTA Pty Limited (In Liquidation) v John Holland Pty Limited [2014] FCA 760
Parties: JFTA PTY LIMITED (ABN 70 108 153 251) (IN LIQUIDATION) v JOHN HOLLAND PTY LIMITED (ABN 11 004 282 268)
File number: NSD 1821 of 2010
Judge: KATZMANN J
Date of judgment: 22 July 2014
Catchwords: PRACTICE AND PROCEDURE – whether application for summary dismissal can be brought without leave of the Court – Corporations Act 2001 (Cth) s 471B PRACTICE AND PROCEDURE – whether proceeding should be dismissed for want of prosecution – applicant company placed in liquidation – applicant in default – no substantive step taking in proceeding for nearly three years – Federal Court Rules 2011 (Cth) rr 5.22(d) and 5.23(1)(b)(i)
Legislation: Corporations Act 2001 (Cth) ss 440D, 471B Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 37P(6)(a) Federal Court Rules 2011 (Cth) rr 1.32, 5.22(d), 5.23(1)(b)(i)
Cases cited: BPM Pty Ltd v HPM Pty Ltd (1996) 14 ACLC 857 Dealquip Australia Pty Ltd v 33 Electra Pty Ltd (No. 2) (2013) 31 ACLC 13-049; [2013] NSWSC 1382 Hughes v Australian Competition and Consumer Commission [2004] FCA 1271 Van Reesma v Giameos (1979) 41 FLR 86; [1979] FCA 108
Date of hearing: 22 July 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
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