Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kenquist Nominees Pty Limited v Campbell (No 2) [2016] FCA 911 File number: NSD 1364 of 2015
Judge: YATES J
Date of judgment: 9 August 2016
Catchwords: PRACTICE AND PROCEDURE – pleadings – application to strike out – whether the pleading fails to disclose a reasonable cause of action – "knowledge" – "participation"
Legislation: Federal Court Rules 2011 rr 16.21, 16.43
Cases cited: Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) (2014) 98 ACSR 347; [2014] FCA 340 In the matter of HIH Insurance Limited (In Liquidation) [2016] NSWSC 482 Lifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248
Date of hearing: 25 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 48
Counsel for the Applicant: Mr AS Martin SC with Mr T Bagley
Solicitor for the Applicant: Gillis Delaney Lawyers
Counsel for the Fourth Respondent: Mr P Jammy
Solicitor for the Fourth Respondent: Wotton + Kearney
ORDERS NSD 1364 of 2015
BETWEEN: KENQUIST NOMINEES PTY LIMITED ACN 008 797 224 ATF THE KENQUIST SUPERANNUATION FUND Applicant
AND: PETER CAMPBELL (and others named in the Schedule) Respondents
JUDGE: YATES J DATE OF ORDER: 9 AUGUST 2016
THE COURT ORDERS THAT:
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