Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd (No. 2) [2021] FCA 941 File numbers: NSD 1948 of 2018 NSD 286 of 2021
Judgment of: STEWART J
Date of judgment: 10 August 2021
Catchwords: PRACTICE AND PROCEDURE – application for proceedings to be heard together – where transactions common to both proceedings – where common issues of fact to be determined – where proceedings commenced three years apart – where first proceeding at an advanced stage PRACTICE AND PROCEDURE – application for summary dismissal – whether proceeding an abuse of process – where proceeding commenced on eve of expiry of limitation period – where proceeding commenced in reliance on affidavits filed in related proceeding – whether commenced in breach of Harman undertaking – whether "special circumstances" exist to be relieved of undertaking – whether defendants would suffer irremediable prejudice – application dismissed PRACTICE AND PROCEDURE – application for security for costs – where plaintiff company in liquidation – quantum
Legislation: Corporations Act 2001 (Cth) ss 91, 181, 182, 436A, 588E(3), 588E(6), 588FB, 588FC, 588FD, 588FF(3)(a)(i), Div 2 of Pt 5.7B Evidence Act 1995 (Cth) ss 12, 128 Federal Court of Australia Act 1976 (Cth) s 37M
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