Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Flourishing Land Development Group Pty Ltd v A1 Property & Maintenance Group Pty Ltd (in liq) [2017] FCA 1364 File number: NSD 1598 of 2017
Judge: GLEESON J
Date of judgment: 19 October 2017
Catchwords: CORPORATIONS – application for leave under s 471B of the Corporations Act 2001 (Cth) to seek orders in the Local Court of New South Wales to join the defendant as a party – where defendant is a company in liquidation – where liquidator has not given evidence – where no evidence of nature of winding up – leave not granted
Legislation: Corporations Act 2001 (Cth) s 471B
Cases cited: Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd (recs and mgrs apptd) (in liq) (No 2) [2009] FCA 42 Cryovac Australia Pty Ltd v Aus-Lid Enterprises Pty Ltd [2017] FCA 1027 Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749; (2009) 72 ACSR 627
Date of hearing: 19 October 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 11
Counsel for the Plaintiff: Mr H Altan
Solicitor for the Plaintiff: CKSD Lawyers
Solicitor for the Defendant: Ms E Barrett of Polczynski Lawyers
ORDERS NSD 1598 of 2017
BETWEEN: FLOURISHING LAND DEVELOPMENT GROUP PTY LTD ACN 127 517 266 Plaintiff
AND: A1 PROPERTY & MAINTENANCE GROUP PTY LTD ACN 128 686 171 (IN LIQUIDATION) Defendant
JUDGE: GLEESON J DATE OF ORDER: 19 OCTOBER 2017
THE COURT ORDERS THAT:
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