Scott Russell Constructions Pty Limited (In Liq) v Queensland Building and Construction Commission [2019] FCA 1378

FEDERAL COURT OF AUSTRALIA

Scott Russell Constructions Pty Limited (In Liq) v Queensland Building and Construction Commission [2019] FCA 1378 File number(s): QUD 930 of 2018

Judge(s): GREENWOOD J

Date of judgment: 26 August 2019

Catchwords: CORPORATIONS – consideration of an application for leave for the second applicant to commence and prosecute proceedings in the Federal Court of Australia in the name of the first applicant company in liquidation – consideration of the application made in the "inherent jurisdiction" of the Federal Court of Australia – consideration of whether such jurisdiction arises in the context of the matter in issue HIGH COURT AND FEDERAL COURT – consideration of an application for leave for the second applicant to commence and prosecute proceedings in the Federal Court of Australia in the name of the first applicant company in liquidation – consideration of the application made in the "inherent jurisdiction" of the Federal Court of Australia – consideration of the jurisdiction sought to be engaged in the context of the particular relief sought

Legislation: Competition and Consumer Act 2010 (Cth), Part XI, s 86; Schedule 2, ss 21, 22, 236, 1337B Corporations Act 2001 (Cth), ss 236, 237, 471B, 474, 477 Fair Trading Act 1989 (Qld), s 24 Federal Court of Australia Act 1976 (Cth), ss 19, 21, 22, 23 Judiciary Act 1903 (Cth), s 39B Queensland Building and Construction Commission Act 1991 (Qld), ss 4B, 4C, 5, 9, 11, 20D, 20J, 21, 22, 26, 26A, 67X, 67Y, 68, 68A, 68B, 68C, 69, 69A, 70, 70A, 71, 71AA, 71AB, 86, 111C, 114