Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
De Tocqueville, in the matter of Pacific Current Group Limited v Pacific Current Group Limited [2020] FCA 172 File number: VID 608 of 2019
Judge: MOSHINSKY J
Date of judgment: 20 February 2020
Catchwords: CORPORATIONS – application for leave to bring a proceeding on behalf of a company – where proposed proceeding was against former and some current directors of the company for alleged breach of duty of care and diligence in relation to a merger – whether the Court was satisfied of the matters set out in s 237(2) of the Corporations Act 2001 (Cth) – in particular, whether the Court was satisfied that it was in the best interests of the company that the plaintiffs be granted leave
Legislation: Corporations Act 2001 (Cth), ss 180, 241, 242, 236, 237, 247A
Cases cited: Fiduciary Ltd v Morningstar Research Pty Ltd (2005) 53 ACSR 732 Huang v Wang (2016) 114 ACSR 586 Re Gladstone Pacific Nickel Pty Ltd (2011) 86 ACSR 432 Redenbach v Legal Practice Management Group Pty Ltd (2018) 125 ACSR 513 Swansson v R A Pratt Properties Pty Ltd (2002) 42 ACSR 313 White (Trustee) v MWL Financial Group Pty Ltd [2018] FCA 2018
Date of hearing: 18 December 2019, 12 February 2020
Date of last submissions: 18 February 2020
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 85
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