Federal Court of Australia
Federal Court of Australia
Williams & Kersten Pty Ltd v National Australia Bank Limited [2022] FCA 1254 File number: VID 993 of 2019
Judgment of: LEE J
Date of judgment: 7 October 2022
Date of publication of reasons: 21 October 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend statement of claim – proposed inclusion of insolvent trading claim under s 588M(3) of the Corporations Act 2001 (Cth) – proposed change to group member definition – inclusion of insolvent trading claim denied – leave to amend group member definition granted
Legislation: Corporations Act 2001 (Cth) Pt 5.7B, Pt 5.7B div 4 subdiv B, ss 588M(3), 588R, 588S, 588T Federal Court of Australia Act 1976 (Cth) Pt IVA
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 18
Date of hearing: 7 October 2022
Counsel for the Applicant: Ms A Kenny KC with Mr S Monks
Solicitor for the Applicant: Robert Anderson Lawyers
Counsel for the First Respondent: Ms P Neskovcin KC with Mr MP Costello and Ms J Fumberger
Solicitor for the First Respondent: Allens
Counsel for the Fourth Respondent: The Fourth Respondent appeared in person
ORDERS VID 993 of 2019
BETWEEN: WILLIAMS & KERSTEN PTY LTD ACN 141 894 724 Applicant
AND: NATIONAL AUSTRALIA BANK LIMITED ACN 004 044 937 First Respondent
CRAIG HALL WALTON Fourth Respondent
order made by: LEE J DATE OF ORDER: 7 OCTOBER 2022
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