Federal Court of Australia
Federal Court of Australia
Landcon Civil Pty Ltd (in liq) v Taleb [2022] FCA 1218 File number(s): NSD 154 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 13 October 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking joinder of party to the proceeding pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) – interlocutory application to file amended originating application – where the additional claim arises from substantially the same matrix of facts – where likely to minimise time and cost in litigation – whether leave should be granted – Held: leave granted for joinder and filing of amended originating application.
Legislation: Federal Court Rules 2011 (Cth), rr 8.21(2), 9.05
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 5
Date of hearing: 13 October 2022
Solicitor for the Plaintiffs: Matthews Folbigg Lawyers
Counsel for the Defendant: No appearance.
Table of Corrections: 24 November 2022 In the last sentence of paragraph 1, the first, second, third and last sentences of paragraph 4, and in the first sentence of paragraph 5 "Jamal" has been inserted after "Hamza". 24 November 2022 In paragraph 2(a), "Jamal Taleb" has been inserted after "Hamza". 17 April 2023 In the Medium Neutral Citation, "(in liq)" has been inserted after "Landcon Civil Pty Ltd".
ORDERS NSD 154 of 2022
BETWEEN: LANDCON CIVIL PTY LTD (IN LIQUIDATION) ACN 165 593 911 First Plaintiff
MR ANDREW JOHN SCOTT AS LIQUIDATOR OF LANDCON CIVIL PTY LTD (IN LIQUIDATION) ACN 165 593 911 Second Plaintiff
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