Federal Court of Australia
Federal Court of Australia
Jahani (liquidator) v Alfabs Mining Equipment Pty Ltd, in the matter of Delta Coal Mining Pty Ltd (in liq) (No 2) [2021] FCA 927 File number(s): NSD 577 of 2020 NSD 1379 of 2020
Judgment of: STEWART J
Date of judgment: 9 August 2021
Catchwords: PRACTICE AND PROCEDURE – whether to hear and decide together the common issue of solvency across two proceedings – where common plaintiff liquidators of the same companies in liquidation – where issue of onset or period of insolvency is common to preference proceeding and insolvent trading proceeding – where referee report as to solvency already prepared in preference proceeding – competing considerations
Legislation: Corporations Act 2001 (Cth) ss 588FA, 588FC 588FE, 588FF, 588G(2) Federal Court of Australia Act 1976 (Cth) ss 37P(2), 54A Federal Court Rules 2011 (Cth) Div 28.6
Cases cited: Jahani (liquidator) v Commissioner of Taxation [2020] FCA 1642 Re Delta Coal Mining Pty Ltd (in liq) [2020] FCA 752 Re Force Corp Pty Limited (recs and mgrs apptd) (in liq) [2018] NSWSC 1919 Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liq) v Rajan [2019] FCA 1455
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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