Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 2) [2021] FCA 1344 File number: VID 1277 of 2017
Judgment of: MIDDLETON J
Date of judgment: 27 October 2021
Date of publication of reasons: 3 November 2021
Catchwords: CORPORATIONS – application for leave to proceed against respondents under s 444E(3) of the Corporations Act 2001 (Cth) – factors to take into account – whether essential to have prima facie case or 'solid foundation'
Legislation: Corporations Act 2001 (Cth)
Cases cited: Attard v James Legal Pty Ltd (2010) 80 ACSR 585; [2010] NSWCA 311 Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (subject to Deed of Company Arrangement) (2016) 116 ACSR 353; [2016] FCA 1246 Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824 Ogilvie-Grant v East (Re Gordon Grant & Grant Pty Ltd) [1983] 2 Qd R 314 Sheahan v Carrier Air Conditioning Pty Ltd (1997) 189 CLR 407 Thompson Land Limited v Lend Lease Shopping Centre Development & Anor [2000] VSC 108 United Petroleum Pty Ltd v Bonnie View Petroleum Pty Ltd (in liq) [2017] VSC 185 Vagrand Pty Ltd (in liq) v Fielding (1993) 41 FCR 550
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