Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Starke, in the matter of Action Paintball Games Pty Ltd (in liq) [2015] FCA 311 Citation: Smith v Starke, in the matter of Action Paintball Games Pty Ltd (in liq) [2015] FCA 311
Parties: MICHAEL JOHN MORRIS SMITH IN HIS CAPACITY AS LIQUIDATOR OF ACTION PAINTBALL GAMES PTY LTD (IN LIQUIDATION) and ACTION PAINTBALL GAMES PTY LTD (IN LIQUIDATION) ACN 085 205 536 v BILL ROY STARKE, BERYL JEANETTE STARKE, JOHN SALVINU CARUANA, MICHAEL WILLIAM WHYBREW and ELIZABETH SUSAN WHYBREW
File number: NSD 2451 of 2013
Judge: GLEESON J
Date of judgment: 1 April 2015
Catchwords: PRACTICE AND PROCEDURE – application to vacate hearing – application for leave to file cross-claim out of time – where defendants wish to rely on expert evidence not yet obtained – where defendants have had difficulty in paying legal fees – no evidence about why defendants failed to file cross-claim or obtain expert evidence – application dismissed
Legislation: Corporations Act 2001 (Cth), s 588FDA(1)(c) Federal Court of Australia Act 1976 (Cth), ss 37M and 37N
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; (2010) 187 FCR 261 Cropper v Smith [1884] 26 ChD 700
Date of hearing: 1 April 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 31
Counsel for the Plaintiffs: Mr J Rose
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