Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lamond (No 3) [2017] FCA 610 File number: SAD 333 of 2016
Judge: BESANKO J
Date of judgment: 30 May 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of applications relating to the order in which the Court hears related proceedings – where two alternative courses of action proposed – where winding up application requires consideration of material relevant to a proposed substantive proceeding – where prospect of delay with the proposed substantive proceeding due to contested leave application – where considerable overlap between the issues in both related proceedings – where both proceedings would require lengthy trials – where possibility of inconsistent findings and estoppels whichever course is adopted – where winding up application is reasonably arguable and should be dealt with as expeditiously as possible.
Legislation: Corporations Act 2001 (Cth) ss 237, 459A, 461 Federal Court Rules 2011 (Cth) r 7.01
Cases cited: Guerinoni v Argyle Concrete & Quarry Supplies Pty Ltd [2000] WASCA 170; (2000) 34 ASCR 469 In the matter of Mudgee Dolomite & Lime Pty Limited [2016] NSWSC 1933 Lamond (No 2) [2017] FCA 548 Malos v Malos [2003] NSWSC 118; (2003) 44 ASCR 511 Morgan v WorkCover Corporation (2013) 118 SASR 297; [2013] SASCFC 139 Peter Exton & Anor v Extons Pty Ltd & Ors [2017] VSC 14 Traditional Values Management Limited (in liq) v Taylor & Ors [2012] VSC 299
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