Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hooke v Bux Global Limited [2018] FCA 740 File number: WAD 644 of 2017
Judge: COLVIN J
Date of judgment: 17 May 2018
Date of publication of reasons: 23 May 2018
Catchwords: CORPORATIONS - winding up application - application for summary judgment on basis that plaintiffs do not have standing - where plaintiffs are registered holders of shares - where plaintiffs investment resulted in shareholding without agreement or knowledge - whether plaintiffs are contributories - standing as contributory - whether 'a holder of fully paid shares' to be given natural meaning - whether plaintiffs should be permitted to seek standing in the same proceedings as application for winding up - application for summary judgment dismissed.
Legislation: Corporations Act 2001 (Cth) ss 461, 462 Federal Court Rules 2011 (Cth) r 41.04
Cases cited: Treadtel International Pty Ltd v Cocco [2016] NSWCA 360; (2016) 316 FLR 318
Date of hearing: 17 May 2018
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 28
Counsel for the Plaintiffs: Mr DJ Jackson SC & Mr SJ Penrose
Solicitor for the Plaintiffs: Tottle Partners
Counsel for the Defendant: Mr AP Young QC & Mr PH Murray
Solicitor for the Defendant: K&L Gates
ORDERS WAD 644 of 2017
BETWEEN: PETER JAMES HOOKE & CLAIRE ELIZABETH HOOKE First Plaintiff
PETER JAMES HOOKE & BRICE JAMES HOOKE AS TRUSTEES FOR THE HOOKE SUPERANNUATION FUND Second Plaintiff
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