Federal Court of Australia
Federal Court of Australia
Caason Investments Pty Limited v Cao (No 5) [2021] FCA 321 File number: NSD 1558 of 2012
Judgment of: MURPHY J
Date of judgment: 6 April 2021
Catchwords: PRACTICE AND PROCEDURE – Representative Proceedings – orders to require deduction from monies due to the First Applicant under the Settlement Distribution Scheme – potential for abuse of process
Cases cited: Caason Investments Pty Limited v Cao (No 2) [2018] FCA 527 Caason Investments Pty Limited v Cao (No 3) [2020] FCA 191 Johnson v Gore Wood & Co [2002] 2 AC 1 UBS AG v Tyne [2018] HCA 45; (2018) 265 CLR 77
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 14
Date of last submissions: 23 December 2020
Date of hearing: Determined on the papers
Solicitor for the First Applicant: Caason Investments Pty Ltd
Counsel for the Second Applicant: The Second Applicant did not appear
Counsel for the Respondents: The Respondents did not appear
Solicitor for the Scheme Administrator: Ms A Banton of Banton Group
ORDERS NSD 1558 of 2012
BETWEEN: CAASON INVESTMENTS PTY LIMITED (ACN 089 590 858) First Applicant
WISE PLAN PTY LTD (ACN 007 008 577) Second Applicant
AND: SIMON XIAO FAN CAO First Respondent
CHARLES MAO Second Respondent
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