Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White (Trustee) v MWL Financial Group Pty Ltd, in the matter of MWL Financial Group Pty Ltd [2018] FCA 2018
File number: VID 636 of 2018
Judge: DAVIES J
Date of judgment: 18 December 2018
Catchwords: CORPORATIONS – application for leave to bring proceedings on behalf of a company under s 237 of the Corporations Act 2001 (Cth) – whether applicants acting in good faith – whether breakdown of relationship between parties evidences lack of good faith – whether grant of leave in best of interests of company – asserted breaches of statutory and fiduciary duties – asserted constructive trust for benefit of company – capacity of company to fund litigation – whether serious question to be tried – threshold for demonstrating serious question to be tried – disputes as to factual matters a triable issue – whether appropriate that applicants indemnify company for costs of proceeding
Legislation: Corporations Act 2001 (Cth)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Baumgartner v Baumgartner (1987) 164 CLR 137 Blakeney v Blakeney (2016) 113 ACSR 398; [2016] WASCA 76 Connective Services Pty Ltd v Slea Pty Ltd [2018] VSCA 229 Huang v Wang (2016) 114 ACSR 586; NSWCA 164 MG Corrosion Consultants Pty Ltd v Vinciguerra (2011) 82 ACSR 367; [2011] FCAFC 31 Pallant v Morgan [1953] Ch 43 South Johnstone Mill Ltd v Dennis (2007) 163 FCR 343 Swansson v RA Pratt Properties Pty Ltd (2002) 42 ACSR 313; [2002] NSWSC 583 United Dominions Corporation Limited v Brian Pty Ltd (1985) 157 CLR 1 Vigliaroni v Concrete Precast Systems Pty Ltd [2009] VSC 253 Wood v Links Golf Tasmania Pty Ltd [2010] FCA 570 Date of hearing: 31 October 2018
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