Mansfield (Liquidator) v Fortrust International Pty Ltd, in the matter of Palladium Investments International Pty Ltd (in liq) [2023] FCA 350

FEDERAL COURT OF AUSTRALIA

Mansfield (Liquidator) v Fortrust International Pty Ltd, in the matter of Palladium Investments International Pty Ltd (in liq) [2023] FCA 350 File number(s): NSD 598 of 2021

Judgment of: JACKMAN J

Date of judgment: 13 April 2023

Catchwords: PRACTICE AND PROCEDURE – application to join plaintiff and defendant – application for leave to file further amended originating process and further amended statement of claim – application for leave to serve defendant outside the jurisdiction – where there is a substantial connection between the proposed pleading concerning the joined parties and the extant pleadings – where joinder will avoid a multiplicity of proceedings – leave to serve outside the jurisdiction not required due to r 10.42 of the Federal Court Rules 2011 (Cth) PRIVATE INTERNATIONAL LAW – whether a stay may be sought under subs 7(2) of the International Arbitration Act 1974 (Cth) – where the bankrupt was a party to an arbitration agreement concerning the matter – whether a trustee in bankruptcy is claiming "through or under" the bankrupt in relation to various causes of action – restitutionary and contractual claims derivative in the relevant sense – claims under the Bankruptcy Act 1966 (Cth) not derivative in the relevant sense – whether a claim under s 37A of the Conveyancing Act 1919 (Cth) is derivative in the relevant sense

Legislation: Bankruptcy Act 1966 (Cth) ss 120 and 121 Corporations Act 2001 (Cth) s 588FF Federal Court of Australia Act 1976 (Cth) s 22 International Arbitration Act 1974 (Cth) ss 7, 16, Sch 2 (Model Law) Art 8 Federal Court Rules 2011 (Cth) r 10.42 Conveyancing Act 1919 (NSW) s 37A