Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v McCluskey, in the matter of Sino Australia Oil and Gas Ltd (In Liquidation) [2019] FCA 901 File number: NSD 1620 of 2018
Judge: DAVIES J
Date of judgment: 5 June 2019
Catchwords: CORPORATIONS – application for dismissal of proceedings pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) and rr 5.23 and 19.01 of Federal Court Rules 2011 (Cth) – failure to comply with timetabling orders – failure to provide security for costs – applicants on notice of application for dismissal – inadequate explanation for non-payment – no indication of intention to prosecute claim – proceeding dismissed
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Microbio Resources Inc v Betaten Ltd (unreported, Black CJ, Sheppard and Einfeld JJ, 8 October 1993) Strategic Financial and Project Services Pty Ltd v Bank of China [2012] FCA 701
Date of hearing: 5 June 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 16
Counsel for the Plaintiffs: The Plaintiffs did not appear
Counsel for the Defendant: Mr P Corbett QC with Mr W Forrester
Solicitor for the Defendant: King & Wood Mallesons
ORDERS NSD 1620 of 2018 IN THE MATTER OF SINO AUSTRALIA OIL AND GAS LTD (IN LIQUIDATION) BETWEEN: JINGZHONG WANG First Plaintiff
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