Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rushleigh Services Pty Ltd v Forge Group Ltd (In Liq) (Receivers and Managers Appointed); In the Matter of Forge Group Ltd (In Liq) (Receivers and Managers Appointed) [2016] FCA 1471 File number: NSD 1382 of 2014
Judge: FOSTER J
Date of judgment: 7 December 2016
Catchwords: CORPORATIONS – whether leave to proceed against the first defendant, a company in liquidation, should be granted pursuant to s 500(2) of the Corporations Act 2001 (Cth) – whether an order should be made pursuant to s 1337H of the Corporations Act 2001 (Cth) transferring the whole of the present proceeding to the Supreme Court of NSW
Legislation: ASX Listing Rules Australian Consumer Law, s 18 Australian Securities and Investments Commission Act 2001 (Cth), s 12DA Corporations Act 2001 (Cth), ss 471B, 500(2), 563A, 674, 1041E, 1041H, 1337H, 1337L Federal Court of Australia Act 1976 (Cth), Pt IVA Judiciary Act 1903 (Cth), s 79 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 5 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6
Cases cited: Amos v Tarrants Financial Consultants Pty Ltd [2013] FCA 1344 Bell Group Ltd v Westpac Banking Corp (2000) 104 FCR 305 BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Chubb Insurance Company of Australia Limited v Moore (2013) 302 ALR 101 Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356 Hopkins v AECOM Australia Pty Ltd (No 4) (2015) 328 ALR 1 Oceanic Life Ltd v Insurance & Retirement Services Pty Ltd (In Liq) (1993) 11 ACSR 516 Opes Prime Stockbroking Ltd (In Liq) (Scheme Administrators Appointed) v Stevens [2014] NSWSC 659 Re AJ Benjamin Ltd (In Liq) [1969] 2 NSWR 374 Re Gordon Grant & Grant Pty Ltd [1983] 2 Qd R 314 Re Rectron Electronics Pty Ltd [2013] NSWSC 610 Re Sydney Formworks Pty Ltd (In Liq) [1965] NSWR 646 Re Westgate Wool Co Pty Ltd (In Liq) (2006) 206 FLR 190 Vagrand Pty Ltd (In Liq) v Fielding (1993) 41 FCR 550
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