Federal Court of Australia
Federal Court of Australia
MG Constructions Pty Ltd v Radroc Pty Ltd (No 2) [2023] FCA 105 File number: WAD 274 of 2008
Judgment of: BANKS-SMITH J
Date of judgment: 16 February 2023
Catchwords: PRACTICE AND PROCEDURE - funds paid into solicitors' trust account in 2013 - funds paid for purpose of share acquisition that has not proceeded - one party deregistered - other party failing to provide any useful response as to treatment of funds - application by solicitors for orders facilitating payment into Court and determination as to disbursement - orders for payment into Court made including ancillary orders
Legislation: Federal Court Rules 2011 (Cth) r 14.11, Division 2.5
Cases cited: MG Constructions Pty Ltd v Radroc Pty Ltd [2013] FCA 519
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of hearing: 16 February 2023
Counsel for the Plaintiff: The Plaintiff did not appear
Counsel for the Defendant: The Defendant did not appear
Counsel for the Interested Party: Ms JM Sheppard
Solicitor for the Interested Party: Jackson McDonald
ORDERS WAD 274 of 2008
BETWEEN: MG CONSTRUCTIONS PTY LTD Plaintiff
AND: RADROC PTY LTD Defendant
JACKSON MCDONALD Interested Party
order made by: BANKS-SMITH J DATE OF ORDER: 16 february 2023
THE COURT ORDERS THAT:
1. The funds paid to Jackson McDonald pursuant to orders of the Court made 18 March 2013 and held on trust in a controlled money account, together with accrued interest thereon but less Jackson McDonald's costs fixed at $2,900, be paid into Court and be paid into the Litigants' Fund under Division 2.5 of the Federal Court Rules 2011 (Cth). 2. Within 28 days each of the Australian Securities and Investments Commission (ASIC), Jackson McDonald and Radroc are to provide a written submission to the registrar of this Court, not exceeding five pages, stating their position as to how the funds paid into Court should be distributed. 3. Jackson McDonald is to provide a copy of these orders and reasons to Radroc (by registered post to its registered office) and to ASIC forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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