Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King (Trustee), in the matter of Zetta Jet Pte Ltd v Linkage Access Limited [2018] FCA 1979 File numbers: VID 1157 of 2018 VID 770 of 2018
Judge: PERRAM J
Date of judgment: 11 December 2018
Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal pursuant to Federal Court Rules 2011 (Cth) r 26.01(1)(a) – application to strike out statement of claim – whether reasonable prospect of successfully prosecuting proceeding CORPORATIONS – Corporations Act 2001 (Cth) s 588FF – whether plaintiff 'company' for purposes of s 588FF – whether Cross-Border Insolvency Act 2008 (Cth) alters definition of company – whether UNCITRAL Model Law on Cross-Border Insolvency Art 23 merely standing rule – where plaintiff foreign company not carrying on business in Australia PRACTICE AND PROCEDURE – Anshun estoppel – whether reasonable for plaintiffs not to pursue s 588FF claim in earlier proceeding – where second respondent became registered owner of ship after determination of first proceeding PRACTICE AND PROCEDURE – application to re-open – whether proposed case capable of succeeding – whether plaintiffs should be permitted to re-open
Legislation: Corporations Act 2001 (Cth) ss 9, 21, 581, 588FF, 588FG Cross-Border Insolvency Act 2008 (Cth) ss 6, 8, 17, 22 Federal Court Act 1976 (Cth) s 37M Federal Court (Corporations) Rules 2000 (Cth) Div 15A Federal Court Rules 2011 (Cth) r 26.01 UNCITRAL Model Law on Cross-Border Insolvency Arts 11, 19, 21, 23, 28
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