Federal Court of Australia
Federal Court of Australia
Thomas, in the matter of La La Land Byron Bay Pty Ltd v Poulter [2020] FCA 1829 File number(s): QUD 204 of 2020
Judgment of: GREENWOOD J
Date of judgment: 20 November 2020
Catchwords: CORPORATIONS – consideration on an application to strike out a proceeding in which the plaintiff seeks an order that the Court conduct an inquiry into aspects of the administration of La La Land Byron Bay Pty Ltd (In Liquidation) pursuant to clause 90-10 of Schedule 2 to the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth), Schedule 2, clauses 90-10, 90-15
Cases cited: UBS AG v Tyne as Trustee of the Argot Trust (2018) 265 CLR 77
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 21
Date of hearing: 20 November 2020
Solicitor for the Plaintiff: The Plaintiff appeared in person
Solicitor for the Defendant: Colin Biggers & Paisley Pty Ltd
ORDERS QUD 204 of 2020 IN THE MATTER OF LA LA LAND BYRON BAY PTY LTD (IN LIQUIDATION) ACN 092 061 688 BETWEEN: LUKE THOMAS Plaintiff
AND: ANDREW POULTER Defendant
order made by: GREENWOOD J DATE OF ORDER: 20 NOVEMBER 2020
THE COURT ORDERS THAT:
1. The proceeding be transferred to the Supreme Court of Queensland. 2. The plaintiff pay the defendant's costs of and incidental to the interlocutory application filed on 30 October 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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