Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cryovac Australia Pty Ltd v Aus-Lid Enterprises Pty Ltd [2017] FCA 1027 File number: NSD 6 of 2015
Judge: KENNY J
Date of judgment: 30 August 2017
Catchwords: PRACTICE AND PROCEDURE – Application by applicant to proceed against the second respondent pursuant to s 471B of the Corporations Act 2001 (Cth) – where second respondent is a company in liquidation – whether the Court should exercise its discretion to grant leave
Legislation: Corporations Act 2001 (Cth)
Cases cited: Ogilvie-Grant & Anor v East as Liquidator of Gordon Grant and Grant Pty Ltd (in liq) [1983] 2 Qd R 314; 1 ACLC 742 Swaby v Lift Capital Partners Pty Ltd (in liq) [2009] FCA 749; 72 ACSR 627 Vagrand Pty Ltd (in liq) v Fielding and Others (1993) 41 FCR 550; 113 ALR 128
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 13
Solicitor for the Applicant: Thomson Geer
Solicitor for the First Respondent: Maddocks
Solicitor for the Second Respondent: Dye & Co (Liquidator)
Solicitor for the Third Respondent: The Third Respondent was self-represented
Solicitor for the Fourth Respondent: Wrays Lawyers
ORDERS NSD 6 of 2015
BETWEEN: CRYOVAC AUSTRALIA PTY LTD ACN 004 207 532 Applicant
AND: AUS-LID ENTERPRISES PTY LTD ACN 082 053 316 First Respondent
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