Federal Court of Australia
Federal Court of Australia
Jolan Pty Ltd v Essential Investments Pty Ltd [2021] FCA 747 File number(s): QUD 101 of 2021
Judgment of: DERRINGTON J
Date of judgment: 2 July 2021
Catchwords: CORPORATIONS – oppression action – proposed joinder of shareholders as additional defendants – whether causes of action pleaded against proposed defendants – whether appropriate to join prior to conclusion that oppressive conduct had occurred – whether more appropriate to join at conclusion of proceedings and before judgment given – allegations made that proposed defendants engaged in oppressive conduct – joinder allowed
Legislation: Corporations Act 2001 (Cth) ss 232, 233 Federal Court Rules 2011 (Cth) r 9.05
Cases cited: Acehill Investments Pty Ltd v Incitec (No 2) (2002) 85 SASR 452 BAM Property Group Pty Ltd v Imoda Group Holdings Pty Ltd [2019] FCA 1192 Cassegrain v CTK Engineering Pty Ltd (2005) 54 ACSR 249 Coombs v Dynasty Pty Ltd (1994) 14 ACSR 60 LPD Holdings (Aust) Pty Ltd v Phillips (2013) 281 FLR 227 Re Dalkeith Investments Pty Ltd (1984) 9 ACLR 247 Re North Coast Transit Pty Ltd [2013] NSWSC 1119 Turnbull v NRMA Ltd (2004) 186 FLR 360
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 37
Date of hearing: 29 June 2021
Counsel for the Plaintiff: Mr SJ Webster
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