Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd [2021] FCA 946

Federal Court of Australia

Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd [2021] FCA 946 File number: QUD 134 of 2021

Judgment of: DERRINGTON J

Date of judgment 6 August 2021

Date of publication of reasons: 10 August 2021

Catchwords: CORPORATIONS – application for leave to proceed against company in liquidation – creditors' voluntary liquidation – liquidators already engaged in litigation with cross-claimant – cross-claim related to liquidators' claim – no question raised on leave application as to whether cross-claim may be set up as defence to liquidator's action under Pt 5.7B of the Corporations Act 2001 (Cth) by way of set-off pursuant to s 553C – leave granted

Legislation: Corporations Act 2001 (Cth) ss 500, 553C

Cases cited: Australian Rail, Tram and Bus Industry Union v Railtrain Pty Ltd [2019] FCA 1740 Langley Constructions (Brixham) Ltd v Wells [1969] 2 All ER 46 Leasing Centre (Aust) Pty Ltd v Shepard [2011] FCA 443 Mersey Steel & Iron Co v Naylor, Benson & Co (1882) 9 QBD 648 Mine & Quarry Equipment International Ltd v McIntosh (2005) 54 ACSR 1 Oceanic Life Ltd v Insurance & Retirement Services Pty Ltd (in liq) (1993) 11 ACSR 516 Ong v Lottwo Pty Ltd (in liq) (2013) 116 SASR 280 Rushleigh Services Pty Ltd v Forge Group Ltd (In Liq) (Receivers and Managers Appointed); In the Matter of Forge Group Ltd (In Liq) (Receivers and Managers Appointed) [2016] FCA 1471 Stefanovski v Digital Central Australia (Assets) Pty Ltd (2018) 368 ALR 607 Wyzenbeek v Australasian Marine Imports Pty Ltd [2017] FCA 1460