Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HFPS Pty Limited (Trustee) v Tamaya Resources Limited (In Liq) (No 1) [2016] FCA 442 File number: NSD 529 of 2014
Judge: FOSTER J
Date of judgment: 28 April 2016
Catchwords: CORPORATIONS – whether, pursuant to s 500(2) of the Corporations Act 2001 (Cth) and, in the circumstances of the present case and in the events which have happened, the Court ought grant leave to the plaintiffs to commence or to continue a proceeding instituted in contravention of that section
Legislation: Corporations Act 2001 (Cth), s 500(2) Corporations Law, s 471B Federal Court of Australia Act 1976 (Cth), Pt IVA
Cases cited: Bell Group Ltd v Westpac Banking Corp (2000) 104 FCR 305 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356 Oceanic Life Ltd v Insurance & Retirement Services Pty Ltd (In Liq) (1993) 11 ACSR 516 Re AJ Benjamin Ltd (In Liq) [1969] 2 NSWR 374; (1969) WN (Pt 1) (NSW) 107 Re Gordon Grant & Grant Pty Ltd [1983] 2 Qd R 314 Re Sydney Formworks Pty Ltd (In Liq) [1965] NSWR 646; (1965) 82 WN (Pt 1) (NSW) 558 Vagrand Pty Ltd (In Liq) v Fielding (1993) 41 FCR 550
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