Federal Court of Australia
Federal Court of Australia
J & J Richards Super Pty Ltd ATF the J & J Richards Superannuation Fund v Linchpin Capital Group Ltd (in liq) [2020] FCA 1772 File number: NSD 939 of 2020
Judgment of: DERRINGTON J
Date of judgment: 7 December 2020
Catchwords: CORPORATIONS – leave to commence or proceed with action against company in liquidation – third party's claim likely to be indemnified under policy of insurance – relevance of s 562 of the Corporations Act 2001 (Cth) – leave granted nunc pro tunc
Legislation: Corporations Act 2001 (Cth) ss 471B, 500, 562
Cases cited: Emanuele v Australian Securities Commission (1997) 188 CLR 114 Hewett Packard Australia Pty Ltd v Siltek Holdings Pty Ltd [2005] NSWSC 672 Rickhuss v Cosmetic Institute Pty Ltd (No 2) [2018] NSWSC 2000 Seeley International Pty Ltd v Millennium Electronics Pty Ltd (in liq) (No 2) [2020] SASC 211
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of hearing: 7 December 2020
Counsel for the Applicant: Mr R Pietriche
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the First Respondent: The first respondent did not appear
Counsel for the Second Respondent: The second respondent appeared in person
Counsel for the Third Respondent: The third respondent appeared in person
Counsel for the Fourth Respondent: The fourth respondent appeared in person
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