McCann, in the matter of Walton Construction Pty Ltd (In Liquidation) v Walton (No 2) [2021] FCA 555

FEDERAL COURT OF AUSTRALIA

McCann, in the matter of Walton Construction Pty Ltd (In Liquidation) v Walton (No 2) [2021] FCA 555 File number(s): QUD 573 of 2019

Judgment of: GREENWOOD J

Date of judgment: 24 May 2021

Catchwords: CORPORATIONS – consideration of an application for leave to deliver an amended defence which would have the effect of withdrawing a wide range of admissions made in a pleading of an action set down for trial commencing on 19 July 2021

Legislation: Corporations Act 2001 (Cth), ss 79, 180, 181, 182, 1317H Federal Court of Australia Act 1976 (Cth), ss 37P(3)(a)

Cases cited: Australian Securities and Investments Commission v Franklin (2014) 223 FCR 204 McCann, in the matter of Walton Construction (Qld) Pty Ltd (In Liq) v QHT Investments Pty Ltd [2018] FCA 1986

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 97

Date of last submissions: 17 May 2021

Date of hearing: 13 May 2021

Counsel for the Plaintiffs: Mr P Hastie QC and Mr J A Hughes

Solicitor for the Plaintiffs: Colin Biggers & Paisley Pty Ltd

Counsel for the First Defendant: The first defendant appeared in person

Counsel for the Third Defendant: Mr M Wyles QC and Ms S Gibson

Solicitor for the Third Defendant: Hall & Wilcox

ORDERS QUD 573 of 2019 IN THE MATTER OF WALTON CONSTRUCTION PTY LTD (IN LIQUIDATION) ACN 060 900 218 AND WALTON CONSTRUCTION (QLD) PTY LTD (IN LIQUIDATION) ACN 100 833 225 BETWEEN: MICHAEL GERARD MCCANN, ANDREW STEWART REED HEWITT AND GRAHAM ROBERT KILLER IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF WALTON CONSTRUCTION PTY LTD (IN LIQUIDATION) ACN 060 900 218 AND WALTON CONSTRUCTION (QLD) PTY LTD (IN LIQUIDATION) ACN 100 833 225 (and others named in the Schedule) First Plaintiff