Tonks, in the matter of Ambient Rail Pty Ltd (in liq) v Fishwick [2020] FCA 1755

Federal Court of Australia

Tonks, in the matter of Ambient Rail Pty Ltd (in liq) v Fishwick [2020] FCA 1755 File number: NSD 1568 of 2019

Judgment of: MARKOVIC J

Date of judgment: 8 December 2020

Catchwords: PRACTICE AND PROCEDURE – applications for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) – where the plaintiffs are funded by a litigation funder – where the proceeding is at an early stage – applications allowed PRACTICE AND PROCEDURE – application for removal of the first plaintiff as a party – application dismissed

Legislation: Corporations Act 2001 (Cth), s 1335 Federal Court of Australia Act 1976 (Cth), ss 37M, 56 Federal Court Rules 2011 (Cth), rr 9.08, 19.01

Cases cited: All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Limited [2020] FCA 840 Bryan E Fencott and Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Dudley (Liquidator) v RHG Construction Fitout and Maintenance Pty Ltd [2019] FCA 1355 Edenham Pty Ltd v Meares (No 2) [2016] WASC 302 General Trade Industries Pty Ltd (in liq) v AGL Energy Limited [2020] FCA 1562 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; (2008) 67 ACSR 105 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 In the matter of 77738930144 Pty Limited (in liq) (formally known as Commercial Indemnity Pty Limited) [2019] NSWSC 626 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Norcast S.ár.L v Bradken Limited [2012] FCA 765 Robertson v Knott Investments Pty Ltd (No 2) [2010] FCA 796 Trailer Trash Franchise Systems Pty Ltd v GM Fascia & Gutter Pty Ltd [2017] VSCA 293 Vantage Holdings Group Pty Ltd v Donnelly (No 4) [2019] WASC 398