Robinson, in the matter of Reed Constructions Australia Pty Limited (in liq) v JFK Interiors Australia Pty Limited [2015] FCA 1500

FEDERAL COURT OF AUSTRALIA

Robinson, in the matter of Reed Constructions Australia Pty Limited (in liq) v JFK Interiors Australia Pty Limited [2015] FCA 1500 Citation: Robinson, in the matter of Reed Constructions Australia Pty Limited (in liq) v JFK Interiors Australia Pty Limited [2015] FCA 1500

Parties: MARK JULIAN ROBINSON AS LIQUIDATOR OF REED CONSTRUCTIONS AUSTRALIA PTY LIMITED (IN LIQUIDATION) ACN 003 340 878 and REED CONSTRUCTIONS AUSTRALIA PTY LIMITED (IN LIQUIDATION) ACN 003 340 878 v JFK INTERIORS AUSTRALIA PTY LTD ACN 101 875 941 AND OTHERS LISTED IN THE SCHEDULE

File number: NSD 680 of 2015

Judge: FARRELL J

Date of judgment: 23 December 2015

Catchwords: PRACTICE AND PROCEDURE – company in liquidation – liquidator commenced proceedings to recover moneys against one defendant – fourteen other defendants subsequently joined to the proceedings – misidentification of tenth defendant – whether liquidator should be granted leave to amend the amended originating application to correct the identity of the tenth defendant under r 8.21 of the Federal Court Rules 2001 (Cth) – whether there was a mistake as to the name or identity of the tenth defendant – whether correction of a party under r 8.21(1)(d) amounts to substitution of a party such that r 8.22 applies – whether limitation period under s 588FF(3) of the Corporations Act 2001 (Cth) excludes the operation or r 8.21(1) and (2) – whether discretion should be exercised – whether liquidator discharged his duty of candour in ex parte proceedings to join defendants – whether order joining tenth defendant should be set aside, or proceedings against it be struck out, or summary judgment be entered in its favour due to misidentification