Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Smart Corporation Pty Ltd (No 2) [2020] FCA 284 File number: WAD 215 of 2019
Judge: JACKSON J
Date of judgment: 6 March 2020
Catchwords: CORPORATIONS - application for leave to proceed against a company in voluntary liquidation under s 500(2) of the Corporations Act 2001 (Cth) - regulator wishing to proceed for public purposes - leave granted
Legislation: Australian Consumer Law ss 21, 24, 239 Competition and Consumer Act 2010 (Cth) Schedule 2 Corporations Act 2001 (Cth) s 500
Cases cited: Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) [2016] FCA 1246; (2016) 116 ACSR 353 Australian Competition and Consumer Commission v Smart Corporation Pty Ltd [2019] FCA 1603 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd [2011] NSWSC 1305; (2011) 285 ALR 207 Phoenix Institute of Australia Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 155 Rushleigh Services Pty Ltd v Forge Group Ltd (In Liq) (Receivers and Managers Appointed); In the Matter of Forge Group Ltd (In Liq) (Receivers and Managers Appointed) [2016] FCA 1471
Date of hearing: 6 March 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 19
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