Federal Court of Australia
Federal Court of Australia
Henry v Sandlewood Aboriginal Projects Limited (No 4) [2021] FCA 1655 File number(s): QUD 280 of 2017
Judgment of: RARES J
Date of judgment: 22 November 2021
Catchwords: CORPORATIONS – native title – Corporations Act 2001 (Cth) s 240 – application for leave to settle proceeding brought against respondent under s 237 – where company allegedly paid money to recipient which knew it was in breach of trust – whether recipient liable under rule in Barnes v Addy (1874) LR 9 Ch App 244 – whether terms of settlement were in best interests of company in whose name proceeding brought pursuant to s 237 – leave to enter into settlement granted
Legislation: Corporations Act 2001 (Cth) ss 237, 240, Pt 2F.1A Native Title Act 1993 (Cth)
Cases cited: Barnes v Addy (1874) LR 9 Ch App 244 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Henry v Sandlewood Aboriginal Projects Limited (No 2) [2019] FCA 2061 Henry v Sandlewood Aboriginal Projects Limited (No 3) [2021] FCA 728 Henry v Western Downs Group Limited [2018] FCA 1168 Huang v Wang (2016) 114 ACSR 586 Nation Energy (Australia) Pty Limited v Paltar Petroleum Limited (Administrators Appointed) [2019] FCA 1473 The Queen v Australian Broadcasting Tribunal; Ex parte 2HD Pty Limited (1979) 144 CLR 45 Robash Pty Limited v Gladstone Pacific Nickel Pty Limited (2011) 86 ACSR 432 Water Conservation and Irrigation New South Wales v Browning (1947) 74 CLR 492
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