Federal Court of Australia
Federal Court of Australia
Paine, in the matter of Advanced Fuel Tanks Pty Ltd (in liq) v Turner [2022] FCA 425 File number: VID 200 of 2021
Judgment of: O'BRYAN J
Date of judgment: 22 April 2022
Catchwords: PRACTICE AND PROCEDURE – application by liquidator to join insurers to proceeding pursuant to r 9.05 of the Federal Court Rules (Cth) – whether appropriate to make order for joinder – whether justiciable controversy between liquidator and insurer – contingent consequences of s 117 of the Bankruptcy Act 1966 (Cth) – orders made joining insurers to the proceeding
Legislation: Bankruptcy Act 1966 (Cth) s 117 Corporations Act 2001 (Cth) ss 588G, 588M Federal Court Rules 2011 (Cth) r 9.05
Cases cited: CGU Insurance Limited v Blakeley and Ors (2016) 259 CLR 339
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 17
Date of last submissions: 21 April 2022
Date of hearing: Determined on the papers
Solicitor for the Plaintiffs: Matthews Folbigg Pty Ltd
Solicitor for the First and Third Defendants: The first and third defendants were self-represented
Solicitor for the Second Defendant: Moray & Agnew
ORDERS VID 200 of 2021
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