Federal Court of Australia
Federal Court of Australia
Bucovaz v OT Markets Pty Ltd [2021] FCA 351 File number(s): VID 751 of 2019
Judgment of: KENNY J
Date of judgment: 13 April 2021
Catchwords: CORPORATIONS – interlocutory application for leave to continue proceedings against companies in liquidation – insurance policy might provide an indemnity in respect of the alleged liability – leave granted subject to condition PRACTICE AND PROCEDURE – parties – joinder – interlocutory application to join insurer and managing agent as respondents – insurer and managing agent joined as respondents
Legislation: Corporations Act 2001 (Cth) ss 471B, 562 Federal Court of Australia Act 1976 (Cth) ss 21, 22 Federal Court Rules 2011 (Cth) rr 8.21, 9.05, 16.53
Cases cited: Employers Reinsurance Corporation v Ashmere Cove Pty Ltd [2008] FCAFC 28 Re Gordon Grant and Grant Pty Ltd (1982) 1 ACLC 196 Sienkiewicz (As Trustee for the Sienkiewicz Superannuation Fund) v Salisbury Group Pty Limited [2013] FCA 977 Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749 The Owners-Strata Plan 62658 v Mestrez Pty Ltd [2012] NSWSC 1259
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 33
Date of last submission/s: 31 March 2021
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