Federal Court of Australia
Federal Court of Australia
Frisken v Holdsworth, in the matter of Realmark Services Pty Limited (in liq) [2022] FCA 1173 File number: VID 459 of 2022
Judgment of: O'BRYAN J
Date of judgment: 30 September 2022
Catchwords: PRACTICE AND PROCEDURE – ex parte application for extension of time for service of originating process – no prejudice to defendant which could not be remedied by subsequent application to set aside order – plaintiffs required to give notice of proceeding to defendant in event defendant summoned for public examination in related proceeding
Legislation: Federal Court (Corporations) Rules 2000 (Cth) rr 1.10, 2.7 Federal Court Rules 2011 (Cth) rr 1.39, 8.06, 13.01, 39.05
Cases cited: Weston v Publishing and Broadcasting Ltd [2007] NSWSC 1318 Weston v Publishing and Broadcasting [2012] NSWCA 79; 88 ACSR 88
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 17
Date of hearing: 30 September 2022
Counsel for the Plaintiff: Mr P F Santucci
Solicitor for the Plaintiff: Polczynski Robinson Lawyers
ORDERS VID 459 of 2022
IN THE MATTER OF REALMARK SERVICES PTY LIMITED (IN LIQUIDATION) ACN 628 175 342
BETWEEN: DANIEL JOHN FRISKEN IN HIS CAPACITY AS LIQUIDATOR OF REALMARK SERVICES PTY LIMITED (IN LIQUIDATION) ACN 628 175 342 Applicant
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