Federal Court of Australia
Federal Court of Australia
Canstruct Pty Ltd v Project Sea Dragon Pty Ltd (Subject to a Deed of Company Arrangement) (No 2) [2023] FCA 638 File number: QUD 124 of 2023
Judgment of: DERRINGTON J
Date of judgment: 7 June 2023
Date of publication of reasons: 13 June 2023
Catchwords: PRACTICE AND PROCEDURE – discovery – action to set aside Deed of Company Arrangement – scope of documents sought too wide – application otherwise refused on discretionary grounds
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth) Construction Contracts (Security of Payments) Act 2004 (NT))
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of hearing: 7 June 2023
Counsel for the Plaintiff: Mr B O'Donnell KC
Solicitor for the Plaintiff: Thomson Geer
Counsel for the First and Third Defendants: Mr M Martin KC
Solicitor for the First and Third Defendants: Mills Oakley
Counsel for the Second Defendant: The Second Defendant did not appear
ORDERS QUD 124 of 2023
BETWEEN: CANSTRUCT PTY LTD ACN 008 869 467 Plaintiff
AND: PROJECT SEA DRAGON PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) ACN 604 936 192 First Defendant
SHAUN CHRISTOPHER MCKINNON AND ANDREW PETER FIELDING IN THEIR CAPACITY AS DEED ADMINISTRATORS OF PROJECT SEA DRAGON PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) ACN 604 936 192 Second Defendant
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