Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jahani (liquidator) v Alfabs Mining Equipment Pty Ltd, in the matter of Delta Coal Mining Pty Limited (in liq) [2020] FCA 752 File number: NSD 577 of 2020
Judge: STEWART J
Date of judgment: 27 May 2020
Catchwords: PRACTICE AND PROCEDURE – application for joinder under r 9.05 of the Federal Court Rules 2011 (Cth) to bring unfair preference proceedings against multiple unrelated defendants – whether joinder necessary in order to enable determination of a related dispute and avoid multiplicity of proceedings – where common issues exist in relation to all the proposed defendants – possibility of inconsistent findings being made if proceedings were not joined – efficient use of judicial resources
Legislation: Corporations Act 2001 (Cth) ss 553C, 588FF Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 9.02, 9.05, 9.06
Cases cited: Dean-Wilcocks v Air Transit International Pty Ltd [2002] NSWSC 525; 55 NSWLR 64 Dudley (Liquidator) v RHG Construction Fitout & Maintenance Pty Ltd [2019] FCA 1355 Lord v Agreserves Australia Ltd [2006] FCA 598
Date of hearing: 27 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 21
Counsel for the Plaintiffs: M Rose
Solicitor for the Plaintiffs: McCullough Robertson
ORDERS NSD 577 of 2020
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