Whitton (Trustee), in the matter of Perovich (Bankrupt) v Neolido Holdings Pty Ltd (Receivers and Managers Appointed) [2014] FCA 832

FEDERAL COURT OF AUSTRALIA

Whitton (Trustee), in the matter of Perovich (Bankrupt) v Neolido Holdings Pty Ltd (Receivers and Managers Appointed) [2014] FCA 832 Citation: Whitton (Trustee), in the matter of Perovich (Bankrupt) v Neolido Holdings Pty Ltd (Receivers and Managers Appointed) [2014] FCA 832

Parties: ROBERT WILLIAM WHITTON AS TRUSTEE OF THE BANKRUPT ESTATE OF SILVANA PEROVICH AND THE BANKRUPT ESTATE OF RICHARD WILLIAM SPENCER v NEOLIDO HOLDINGS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 102 472 015), KINSELLA HEIGHTS DEVELOPMENT PTY LTD (ACN 100 373 368) AND MIO ART PTY LTD (AS TRUSTEE FOR THE SPENCER FAMILY TRUST) (ACN 121 010 875)

File number: NSD 1682 of 2013

Judge: WIGNEY J

Date of judgment: 7 August 2014

Catchwords: PRACTICE AND PROCEDURE – application for joinder of a party – whether joinder should be conditional on monies being paid into court for a prior costs orders PRACTICE AND PROCEDURE – application to amend pleadings – whether proposed amended pleading discloses a reasonable cause of action – whether the proposed amended pleading fails to apprise the respondents of the case they have to meet – whether leave should be granted on the condition that proper particulars are given – whether leave should be granted on the basis that it is within the requirements of section 37M of the Federal Court of Australia Act 1976

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 Trust Act 1973 (Qld)