Federal Court of Australia
Federal Court of Australia
Mulvaney (liquidator), in the matter of Skymax Group Pty Ltd (in liq) v Wen [2021] FCA 1644 File number: SAD 11 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 11 November 2021
Date of publication of reasons: 24 December 2021
Catchwords: CORPORATIONS – insolvency – allegations of contravention of s 588G(2) of the Corporations Act 2001 (Cth) – liquidator of company seeking relief under s 588M – defendants filing no notice of appearance – defendants failing to attend at a hearing in the proceeding – defendants failing to file a defence – defendants in default – whether defendants validly served with originating process and supporting affidavit – whether defendants validly served with amended documents modifying the quantum of relief sought – default judgment entered
Legislation: Corporations Act 2001 (Cth) ss 95A, 588G, 588M Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court (Corporations) Rules 2000 (Cth) rr 1.32, 2.2, 2.4, 2.7, 2.9 Federal Court Rules 2011 (Cth) rr 5.02, 5.22, 5.23, 8.06, 10.01, 10.22, 10.23, 10.28, 10.31, 10.32, 16.31, 16.32, 16.43
Cases cited: Choy v Tiaro Coal Ltd (in liq) (2018) 98 NSWLR 493 In the Matter of Tiaro Coal Ltd (in liq) [2018] NSWSC 828 Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 3) [2020] FCA 1210 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227
Division: General Division
Registry: South Australia
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