Federal Court of Australia
Federal Court of Australia
Karellas Investments Pty Ltd v FW Projects Pty Limited (in liq) [2021] FCA 870 File number(s): NSD 328 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 29 July 2021
Catchwords: CORPORATIONS – Insolvency - Orders in relation to external administration – the plaintiff creditor seeks the appointment of a special purpose liquidator to conduct investigations into the examinable affairs of the defendant company – applicant / interested person seeks to be joined to the proceedings as a defendant under r 2.13(3) of the Federal Court (Corporations) Rules 2000 (Cth) – Alternatively, applicant / interested person seeks leave to be heard in the proceedings under r 2.13(1) of the Corporations Rules – whether leave ought to be granted – whether the joinder of the applicant / interested person is "necessary" – relationship between the power to join a party to a proceedings under r 2.13(3) and the power available to the Court under r 9.05 of the Federal Court Rules 2011 (Cth) – Held: successful in part – application for leave to be joined refused – interested person granted leave to be heard – reserve costs, leave to cross-examine and other procedural matters to the docket judge
Legislation: Federal Court Act 1976 (Cth), ss 4, 37M, 37N Federal Court Rules 2011 (Cth), rr 1.32, 1.33, 9.05, Sch 1 Federal Court (Corporations) Rules 2000 (Cth), rr 1.3, 2.13
Cases cited: Australia and New Zealand Banking Group Ltd v Carpenter (unreported, NSWCA, 20 May 2005) Carpenter v Pioneer Park Pty Ltd [2004] NSWSC 973; (2004) 186 FLR 104 Deputy Commissioner of Taxation, in the matter of Italian Prestige Jewellery Pty Limited (in liq) ACN 116 031 022 v Italian Prestige Jewellery Pty Limited [2018] FCA 983; (2018) 129 ACSR 115 ECAP Finance Pty Ltd v Ottoway Engineering Pty Ltd [2017] FCA 237 Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762 Grant v BHP Coal Pty Ltd [2015] FCA 329 Kadam v MiiResorts Group 1 Pty Ltd [2016] FCA 1205 Onefone Australia Pty Ltd v One.Tel Limited; Weston v Publishing and Broadcasting Limited [2007] NSWSC 1320 Re FW Projects Pty Limited (in liq) [2019] NSWSC 892 Sensis Pty Ltd v Bivami Pty Ltd [2012] FCA 1365 Shakespeares Pie Co Australia Pty Ltd v Multipye Pty Ltd [2005] NSWSC 1338
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