Federal Court of Australia
Federal Court of Australia
Shangri-La Construction Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liquidation) (No 2) [2021] FCA 1048 File number: VID 785 of 2019
Judgment of: MIDDLETON J
Date of judgment: 2 September 2021
Catchwords: CORPORATIONS — insolvency — application for permanent stay of compulsory examinations — whether examination summonses constitute an abuse of process — improper purpose — application refused
Legislation: Corporations Act 2001 (Cth)
Cases cited: Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (in liq) & Ors [2021] VSC 161 Shangri-La Construction Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liquidation) [2020] FCA 1577 UBS AG v Tyne (2018) 265 CLR 77 Victoria International Container Terminal Limited v Lunt (2021) 388 ALR 376
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 38
Date of hearing: 10 August 2021
Counsel for the Plaintiff: Dr M Wolff
Solicitor for the Plaintiff: Noble Lawyers
Counsel for the Defendants: Mr M Black
Solicitor for the Defendants: Aitken Partners
Solicitor for the Liquidator: Ms C Skeoch of Harrick Lawyers
ORDERS VID 785 of 2019 IN THE MATTER OF GVE HAMPTON PTY LTD (IN LIQUIDATION) ACN 167 150 521 BETWEEN: SHANGRI-LA CONSTRUCTION PTY LTD Plaintiff
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