Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGuinness v Workplace Eye Protection Pty Ltd [2020] FCA 626 File number: NSD 47 of 2020
Judge: GLEESON J
Date of judgment: 19 May 2020
Catchwords: CORPORATIONS – application for leave pursuant to s 237 of the Corporations Act 2001 (Cth) to bring proceedings on behalf of a company – where application brought by executor of the estate of a former company shareholder – where certain company dividends alleged to have been paid unlawfully – whether grant of leave is in the best interests of the company – whether there is a serious question to be tried – whether prospective claim is time-barred – leave refused
Legislation: Corporations Act 2001 (Cth) Part 2F.1, ss 180, 181, 236, 237, 254T, 1317H, 1317K
Cases cited: Carpenter v Pioneer Park Pty Ltd (in liq) [2004] NSWSC 973; (2004) 51 ACSR 245 Drew v Lynch, in the matter of Mirage 3.4D Pty Limited [2019] FCA 632 Fiduciary Ltd v Morningstar Research Pty Ltd [2005] NSWSC 442; (2005) 53 ACSR 732 Huang v Wang [2016] NSWCA 164; (2016) 114 ACSR 586 Keenan v Bundaberg Port Authority [2016] FCA 134 Lewski v Australian Securities and Investments Commission [2016] FCAFC 96; 246 FCR 200 Re Gladstone Pacific Nickel Ltd [2011] NSWSC 1235; (2011) 86 ACSR 432
Date of hearing: Determined on the papers
Date of last submissions: 3 April 2020 (Defendant) 6 April 2020 (Plaintiff)
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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