Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett, in the matter of Company One [2016] FCA 703 File number(s): SAD 134 of 2016
Judge(s): CHARLESWORTH J
Date of judgment: 10 June 2016
Catchwords: PRACTICE AND PROCEDURE – application by person subject to a vexatious proceedings order to commence a new proceeding – proposed proceeding sought to be instituted without reasonable ground – proposed proceeding sought to be instituted to harass, to annoy and for other wrongful purpose – proposed proceeding vexatious – application refused. CORPORATIONS LAW – receivers and managers – proposed application for an order declaring a person to be validly appointed as controller –person disqualified from managing corporations – person intending to exercise capacities of receiver in contravention of s 206A of the Corporations Act 2001 (Cth) – whether application bound to fail.
Legislation: Bankruptcy Act 1966 (Cth), ss 43, 153A Corporations Act 2001 (Cth), ss 9, 90, 206A, 206B, 206F, 206G, 418, 420, 421, 430, 431, 482, 1274, 1279, 1282, 1330; Pts 2D.6, 5.2, 9.2; Criminal Law Consolidation Act 1935 (SA), s 140 Federal Court (Corporations) Rules 2000 (Cth), r 2.1, 2.7, 2.9, 2.13 Federal Court of Australia Act 1976 (Cth), ss 4, 21, 36AM, 37AF, 37AM, 37AO, 37AR, 37AS, 37AT Personal Property Security Act 2009 (Cth) Workplace Relations Act 1996 (Cth), s 347
Cases cited: Brogden v Attorney-General [2001] NZCA 208, [2001] NZAR 809 Evajade Pty Ltd v National Australia Bank (No 2) [2005] SASC 229 Fuller v Toms [2015] FCAFC 91 Gallo v Attorney-General [1984] VicSC 412 Garrett v Chief Executive Officer of Austrade [2015] FCA 39 Garrett v Commissioner of Taxation [2015] FCA 117 Garrett v Deputy Commissioner of Taxation [2014] FCA 576 Garrett v Federal Commissioner of Taxation (2015) 147 ALD 342, [2015] FCA 117 Garrett v Make Wine Pty Ltd [2014] FCA 1258 Hatchett v Bowater Tutt Industries Pty Ltd (No 2) (1991) 28 FCR 324 Industrial Mutual Liability Pty Ltd & Ors v International Vineyards Pty Ltd & Ors (No 2) [2005] SASC 238 Jones v Skyring (1992) 109 ALR 303 Mathews v State of Queensland [2015] FCA 1488 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Mulhern v Bank at Queensland Ltd (No 3) [2015] FCA 927 Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155 Treasury Wine Estates Vintners Limited v Garrett, in the matter of Treasury Wine Estates Vintners Limited [2016] FCA 496
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate