Vautin v BY Winddown, Inc. (formerly Bertram Yachts) (No 3) [2018] FCA 375

FEDERAL COURT OF AUSTRALIA

Vautin v BY Winddown, Inc. (formerly Bertram Yachts) (No 3) [2018] FCA 375 File number(s): NSD 546 of 2016

Judge(s): DERRINGTON J

Date of judgment: 7 March 2018

Catchwords: CORPORATIONS – Voluntary winding up – Leave to proceed against – Voluntary winding up brought about by the handing down of a judgment similar to that in the main proceedings – Voluntary winding up commenced after hearing of main proceedings

Legislation: Corporations Act 2001 (Cth)

Cases cited: Deckers Outdoor Corporation Inc v Farley (No. 5) (2009) 262 ALR 53 Quintano v B W Rose Pty Ltd [2008] NSWSC 720 Tarangau Game Fishing Charters Pty Ltd v Eagle Yachts Pty Ltd [2017] QSC 306

Date of hearing: 7 March 2018

Registry: Queensland

Division: General Division

National Practice Area: Admiralty and Maritime

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Ms L Rich

Solicitor for the Applicant: Banki Haddock Fiora

Solicitor for the First Respondent: Mr C Street of Norton Rose Fulbright

Solicitor for the Second Respondent: Ms A Symenovych of JHK Legal

ORDERS NSD 546 of 2016

BETWEEN: WILLIAM VAUTIN Applicant

AND: BY WINDDOWN, INC. (FORMERLY BERTRAM YACHTS) First Respondent

EAGLE YACHTS PTY LTD ACN 108 311 404 (IN LIQ) Second Respondent

JUDGE: DERRINGTON J DATE OF ORDER: 7 MARCH 2018

THE COURT ORDERS THAT:

1. Pursuant to s 500(2) of the Corporations Act 2001, leave be granted to the applicant to continue proceedings number NSD 546 of 2016 against the second respondent. 2. There be no order as to costs in relation to this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.