Federal Court of Australia
Federal Court of Australia
Wallace (Liquidator), in the matter of Avestra Asset Management Ltd (In Liq) v Dempsey [2021] FCA 1643 File number(s): QUD 26 of 2020
Judgment of: GREENWOOD J
Date of judgment: 22 December 2021
Catchwords: CORPORATIONS – consideration of an application under Rules 8.21(1)(c) and (d) of the Federal Court Rules 2011 (Cth) for leave to amend the title of the proceedings to properly describe the applicant/plaintiff as the company in liquidation rather than a proceeding in the name of the liquidators in their capacity as liquidators of the company in liquidation – consideration of the principles governing leave to amend – consideration of whether leave is to be given to add further claims
Legislation: Corporations Act 2001 (Cth), ss 477, 588F, 598, 601FD, 1317H, 1317J, 1317K, 1325 Federal Court Rules 2011 (Cth), r 8.21
Cases cited: Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 Environinvest Ltd (in liq) v Former Partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller (2012) 208 FCR 376 Evans Construction Co Ltd v Charrington & Co Ltd [1983] QB 810 Mitry v Business Australia Capital Finance Pty Ltd (in liq) [2010] NSWCA 360 McGraw-Hill Financial Inc v Clurname Pty Ltd [2017] FCAFC 211 The "Sardinia Sulcis" and "Al Tawwab" [1991] 1 Lloyd's Rep 201
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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