Shaw (Liquidator) v GO2 Recruitment Pty Ltd, in the matter of VCS Civil and Mining Pty Limited (in liq) [2021] FCA 681

Federal Court of Australia

Shaw (Liquidator) v GO2 Recruitment Pty Ltd, in the matter of VCS Civil and Mining Pty Limited (in liq) [2021] FCA 681 File number(s): NSD 79 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 30 June 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to join several defendants to 'mothership' or 'mother' proceedings commenced irregularly – requirements of r 9.02 of the Federal Court Rules 2011 (Cth) have not been satisfied – the Plaintiffs claim relief in respect of alleged unfair preference payments made to multiple defendants, with the circumstances relating to such payments being unique to each defendant – proceedings commenced immediately prior to the expiration of the limitation period – whether proceedings may be cured by a declaration under s 51 of the Federal Court of Australia 1976 (Cth) - whether leave ought to be granted to dispense with the requirement to comply with r 9.02(b) - application successful

Legislation: Federal Court of Australia Act 1976 (Cth), s 51(2) Federal Court Rules 2011 (Cth), rr 1.34, 9.02(b)

Cases cited: Caason Investments Pty Ltd v Cao [2015] FCAFC 94; (2015) 236 FCR 322 Dudley (Liquidator) v RHG Construction Fitout & Maintenance Pty Ltd [2019] FCA 1355 Dudley (Liquidator) v RHG Construction Fitout & Maintenance Pty Ltd (No 2) [2019] FCA 1723 Jahani (liquidator) v Alfabs Mining Equipment Pty Ltd, in the matter of Delta Coal Mining Pty Limited (in liq) [2020] FCA 752 Johnston v Vintage Developments Pty Limited [2006] FCAFC 171