Federal Court of Australia
Federal Court of Australia
Registrar of the Federal Court of Australia v Mensink [2021] FCA 1152 File number: QUD 580 of 2016
Judgment of: RANGIAH J
Date of judgment: 24 September 2021
Catchwords: CORPORATIONS – application for summary judgment to dismiss the statement of charge against the respondent for contempt of Court – where respondent failed to comply with examinations summons and failed to attend for examination – where special purpose liquidator compromised contempt proceeding – where Registrar took over prosecution of contempt proceeding – whether Registrar took over proceeding only for purpose of protecting individual interests of the special purpose liquidator or also for other public interest purposes – whether Registrar has no reasonable prospect of successfully prosecuting the contempt proceeding – application for summary judgment dismissed
Legislation: Corporations Act 2001 (Cth) ss 436A, 596A and 596B Family Law Act 1975 (Cth) Federal Court Rules 2011 (Cth) rr 1.40, 39.05, 42.01, 42.11, 42.12 and 42.16 Judiciary Act 1903 (Cth)
Cases cited: Attorney-General v Times Newspapers Ltd [1974] AC 273 Mensink v Parbery [2018] FCAFC 101 NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741 Re Colina; Ex parte Torney (1999) 200 CLR 386 Witham v Holloway (1995) 183 CLR 525
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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