Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Otto Energy (Tanzania) Pty Ltd v Swala Energy Ltd [2016] FCA 1266 File number: WAD 175 of 2016
Judge: MCKERRACHER J
Date of judgment: 27 October 2016
Catchwords: CORPORATIONS – service of process outside the jurisdiction – prima facie case against joint venturer for breach of trust and duty on the basis of alleged varied agreement – prima facie case against non-executive director for breach of second limb of Barnes v Addy – requisite level of involvement to establish liability under the second limb of Barnes v Addy
Legislation: Companies Act 2002 (Tanzania) s 470 Companies Act 2015 (Kenya) s 1010 Competition and Consumer Act 2010 (Cth) Sch 2, ss 4, 18 Federal Court Rules 2011 (Cth) r 10.43 Judiciary Act 1903 (Cth) s 39B(1A)(c)
Cases cited: Australian Securities and Investments Commission v Healey (2011) 196 FCR 291 Barnes v Addy (1874) LR 9 Ch App 244 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Ho v Akai (in liq) [2006] FCAFC 159 MOL Bulk Carriers Pte Ltd v Sin-Tang Development Pte Ltd [2016] FCA 619 Perdaman Chemicals and Fertilisers Pty Ltd v ICICI Bank [2013] FCA 175 Quince v McLaughlan [2008] QSC 61 Re Wakim (1999) 198 CLR 511 Rock Solid Surfaces Pty Ltd v Biesse Group (Australia) Pty Ltd [2011] FCA 42
Date of hearing: 15 September 2016
Date of last submissions: 17 October 2016
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