Run Capital Investments Pty Ltd as trustee for the Mirum Trust v P5K Pty Ltd [2021] FCA 1156

Federal Court of Australia

Run Capital Investments Pty Ltd as trustee for the Mirum Trust v P5K Pty Ltd [2021] FCA 1156 File number: QUD 89 of 2021

Judgment of: DERRINGTON J

Date of judgment: 23 September 2021

Catchwords: PRACTICE AND PROCEDURE – discovery – scope of discovery – no points of principle COSTS – costs of abandoned application – no points of principle

Legislation: Federal Court Rules 2011 (Cth) r 1.32

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 53

Date of hearing: 17 September 2021

Counsel for the Plaintiffs: Mr MM Stewart QC with Dr D Clarry

Solicitor for the Plaintiffs: Enyo Lawyers

Counsel for the Defendants: Mr G Beacham QC with Ms S Marsh

Solicitor for the Defendants: Bartley Cohen

ORDERS QUD 89 of 2021

BETWEEN: RUN CAPITAL INVESTMENTS PTY LTD ACN 643 973 504 AS TRUSTEE FOR THE MIRUM TRUST First Plaintiff

LIVOLUTION INVESTMENTS PTY LTD ACN 612 669 057 AS TRUSTEE FOR THE LIVOLUTION INVESTMENTS TRUST Second Plaintiff

AND: P5K PTY LTD ACN 618 545 976 First Defendant

CHARLES STODDART WOODWARD Second Defendant

ASTON GROVE PROPERTY PTY LTD ACN 619 457 546 AS TRUSTEE FOR THE ASTON GROVE PROPERTY TRUST (and others named in the Schedule) Third Defendant

order made by: DERRINGTON J DATE OF ORDER: 23 SEptember 2021

THE COURT ORDERS THAT:

1. By 4:00 pm on 27 September 2021, the parties are to provide, by email to the Associate to Justice Derrington, draft orders that are agreed to reflect the reasons herein or, if there be no agreement, the plaintiffs and the defendants are to provide draft orders which they contend reflect the reasons herein. 2. The matter be listed for a further case management hearing at 9:30 am on 28 September 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.