Federal Court of Australia
Federal Court of Australia
Tinkler Group Holdings Pty Ltd v Winter (No 2) [2023] FCA 412 File number(s): NSD 41 of 2022
Judgment of: JACKMAN J
Date of judgment: 28 April 2023
Catchwords: PRACTICE AND PROCEDURE – application for dismissal of proceedings pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) and r 19.01(1)(c) of the Federal Court Rules 2011 (Cth) – where the proceedings involve serious allegations of breaches of fiduciary and statutory duties, fraud and dishonesty – where there has been a history of delay by the applicants – failure to provide security for costs – failure to explain non-payment – proceedings dismissed – indemnity costs awarded
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court Act 1976 (Cth) s 56(4) Federal Court Rules 2011 (Cth) rr 16.59, 19.01(1), 40.02
Cases cited: Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 189
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 21
Date of hearing: 28 April 2023
Solicitor for the Applicants: Mr S Briggs of SMB Law
Counsel for the Respondents: Mr O Jones
Solicitor for the Respondents: Gilbert + Tobin
ORDERS NSD 41 of 2022
BETWEEN: TINKLER GROUP HOLDINGS PTY LTD First Applicant
BENTLEY RESOURCES PTE LTD Second Applicant
AND: WILLIAM SCOTT WINTER First Respondent
MACH ENERGY AUSTRALIA PTY LTD Second Respondent
order made by: JACKMAN J DATE OF ORDER: 28 APRIL 2023
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