Luo v Zhai (No 5) [2015] FCA 774

FEDERAL COURT OF AUSTRALIA

Luo v Zhai (No 5) [2015] FCA 774 Citation: Luo v Zhai (No 5) [2015] FCA 774

Parties: XIANGNAN LUO v SUTAO ZHAI and JANTOM FURNITURE PTY LTD ACN 092 171 634 (IN LIQUIDATION)

File number: NSD 1035 of 2013

Judge: PERRAM J

Date of judgment: 31 July 2015

Catchwords: CORPORATIONS – whether leave should be given in respect of proceedings against company being wound up COSTS – how costs to be allocated – whether successful party should bear portion of costs

Legislation: Corporations Act 2001 (Cth) ss 439C, 440D, 446A, 500

Date of hearing: 28 July 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr C King

Solicitor for the Applicant: Australian International Lawyers

Counsel for the Respondents: Mr A Norrie

Solicitor for the Respondents: Jurisbridge Legal

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1035 of 2013

BETWEEN: XIANGNAN LUO

Applicant

AND: SUTAO ZHAI

First Respondent

JANTOM FURNITURE PTY LTD ACN 092 171 634 (IN LIQUIDATION)

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 31 JULY 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 500(2) of the Corporations Act 2001 (Cth), leave be granted to continue these proceedings against the second respondent. 2. The application against the second respondent be dismissed. 3. The applicant pay the second respondent's costs of the proceeding as taxed or agreed. 4. The first respondent pay the applicant's costs of the proceeding as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1035 of 2013