Allnation Corporation Pty Ltd, in the matter of Maddy v Maddy [2017] FCA 1258

FEDERAL COURT OF AUSTRALIA

Allnation Corporation Pty Ltd, in the matter of Maddy v Maddy [2017] FCA 1258 File number(s): WAD 483 of 2017

Judge(s): SIOPIS J

Date of judgment: 20 October 2017

Catchwords: BANKRUPTCY – application for leave to commence legal proceedings – proposed proceedings against a legal practitioner alleging breach of duty in the provision of legal advice and assistance – professional indemnity insurer involved – leave granted.

Legislation: Bankruptcy Act 1966 (Cth) ss 58(3)(b), 117(1)

Date of hearing: 20 October 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Mr A Prentice

Solicitor for the Applicant: Latro Lawyers

Counsel for the First Respondent: The First Respondent did not appear.

Counsel for the Second Respondents: The Second Respondents did not appear.

ORDERS WAD 483 of 2017 IN THE MATTER OF GRAHAME MADDY BETWEEN: ALLNATION CORPORATION PTY LTD (ACN 093 135 909) Applicant

AND: GRAHAME MADDY First Respondent

MARK WILLIAM PEARCE AND ANDREW JOHN HEERS Second Respondents

JUDGE: SIOPIS J DATE OF ORDER: 20 OCTOBER 2017

THE COURT ORDERS THAT:

1. The applicant is granted leave to commence legal proceedings in the Supreme Court of Western Australia against the first respondent, pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) in respect to the first respondent's alleged negligence and breach of contract in relation to two matters identified in the affidavit of Mr James Turner dated 8 September 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.