Federal Court of Australia
Federal Court of Australia
Lo Pilato (Trustee) v Gold Coast Hinterland Tree Houses Pty Ltd (No 2) [2022] FCA 911 File number: QUD 12 of 2022
Judgment of: LOGAN J
Date of judgment: 2 August 2022
Catchwords: PRACTICE & PROCEDURE – application for order for particulars – where defence alleges an agreement whereby a bankrupt received valuable consideration for payment to corporation in the form of sexual services provided by one of the corporation's directors – where reply alleges that such agreement contravened s 229H of the Criminal Code (Qld) and was therefore unenforceable – where further particulars sought of allegation of criminality – where reply merely picked up material facts pleaded in the defence – application refused
Legislation: Federal Court Rules 2011 (Cth) r 16.41, r 16.43, r 16.45 Criminal Code (Qld) ss s 229E, 229H
Cases cited: Castlemaine Perkins Ltd v Queen Street Hotels Pty Ltd [1968] Qd R 501 Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 3) [2011] FCA 539 Ridge Street Medical Clinic Pty Ltd v Christian Outreach Centre & Ors [1991] QSC 285 Saunders v Jones [1877] 7 Ch D 435 R v Associated Northern Collieries (1910) 11 CLR 738 Zierenberg v Labouchere [1893] 2 QB 183
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 21
Date of hearing: 2 August 2022
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