Robinson v BMF Pty Ltd (in liq) [2021] FCA 1064

Federal Court of Australia

Robinson v BMF Pty Ltd (in liq) [2021] FCA 1064 File number: VID 798 of 2020

Judgment of: MORTIMER J

Date of judgment: 3 September 2021

Catchwords: CORPORATIONS – application for leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) – consideration of factors relevant to application for leave to proceed – application refused INDUSTRIAL LAW – where relief sought in substantive proceeding arises from claimed employment entitlements and alleged contraventions of the Fair Work Act 2009 (Cth)

Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth)

Cases cited: BBY Ltd (Recs and Mgrs Apptd) (in liq); Re BBY Holdings Pty Ltd (Recs and Mgrs Apptd) (in liq) [2019] NSWSC 352; 135 ACSR 36 Commonwealth v Davis Samuel Pty Ltd (No 5) [2008] ACTSC 124; 68 ACSR 336 Eopply New Energy Technology Co ltd v EP Solar Pty Ltd [2013] FCA 356 Fair Work Ombudsman v Blue Sky Kids Land Pty Ltd (in liq) [2020] FCA 718 Gothard v Davey [2010] FCA 1163; 80 ACSR 56 Oceanic Life Ltd v Insurance and Retirement Services Pty Ltd (in liq) (1993) 11 ACSR 516 Palace v RCR O'Donnell Griffin Pty Ltd (in liq) [2021] QCA 137 Re Branded Media Holdings Pty Ltd (in liq); Re Brand New Media Pty Ltd (Subject to A Deed of Co Arrangement) [2020] NSWSC 557 Re DSHE Holdings Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 82 Seeley International Pty Ltd v Millennium Electronics Pty Ltd (in liq) (No 2) [2020] SASC 211 Seymour Whyte Constructions Pty Ltd v Ostwalk Bros Pty Ltd (in liq) [2018] NSWCA 139