Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Captiv8 Pty Limited (in liquidation) v Bodger [2018] FCA 1801 File number: NSD 1026 of 2018
Judge: GLEESON J
Date of judgment: 21 November 2018
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating process and concise statement pursuant to r 8.21 of the Federal Court Rules 2011 – where plaintiff identified as company in liquidation and liquidator of company not included as party – where liquidator wishes to amend to bring Corporations Act 2001 (Cth) s 588FF(1)(c) claim against defendants – consideration of nature of "mistake"
Legislation: Civil Procedure Act 2005 (NSW) ss 64, 65 Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 184, 588FB, 588FDA, 588FF(1), 588G(2), 588M(2), 1317H Federal Court Rules 1979 O 13 rr 2, 4 Federal Court Rules 2011 rr 8.21, 8.22 Land and Environment Court Act 1979 (NSW) s 87 Workplace Relations Act 1996 (Cth)
Cases cited: Advanced Switching Services Pty Ltd v State Bank of New South Wales t/as Colonial State Bank [2007] FCA 954 Bridge Shipping Pty Ltd v Grand Shipping SA [1991] HCA 45; (1991) 173 CLR 231 Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, in the Matter of Gunns Limited (In Liq) (Receivers and Managers Appointed) [2018] FCA 238 Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1138; 109 ACSR 191 Environinvest Ltd (in liq) v Former Partnership of Webster, White, Gridley, Nairn, Newman, Peter and Miller [2012] FCA 1307; (2012) 208 FCR 376 Greenwood v Papademetri [2007] NSWCA 221 Hayward v Darling Downs Aircraft Services Pty Ltd [1993] 2 Qd R 153 Laing v Victoria [2005] FCA 791; (2005) 144 FCR 462 McGraw-Hill Financial, Inc v Clurname Pty Ltd [2017] FCAFC 211; (2017) 123 ACSR 467. McInnes v Wingecarribee Shire Council (1987) 10 NSWLR 660 Mitry v Business Australia Capital Finance Pty Ltd (in liquidation) [2010] NSWCA 360 Re Spec FS NSW Pty Ltd (in liquidation) [2013] FCA 1027 Re: Harris Scarfe Ltd (in liq) & Harris Scarfe Wholesale P/L (in liq) [2006] SASC 277; (2006) 203 FLR 46 Robinson, in the matter of Reed Constructions Australia Pty Limited (in liq) v JFK Interiors Australia Pty Limited [2015] FCA 1500 Rodgers v Federal Commissioner of Taxation [1998] FCA 1296; (1998) 88 FCR 61 Sibroll Pty Ltd (in liq) v Mitch Properties Pty Ltd [2007] NSWSC 579; (2007) 212 FLR 1 Sullivan v Van der Broek [1999] NSWSC 1177
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate