Federal Court of Australia
Federal Court of Australia
Noah's Ark Veterinary Services Pty Ltd v Hudson [2023] FCA 1094 File number: NSD 562 of 2023
Judgment of: PERRAM J
Date of judgment: 15 September 2023
Catchwords: CORPORATIONS – application for leave to bring derivative suit on behalf of company – where concurrent family law proceedings before Federal Circuit and Family Court of Australia (Division 2) – whether criteria for leave under s 237 of the Corporations Act 2001 (Cth) satisfied – whether applicant acting in good faith – whether grant of leave in best interests of company
Legislation: Corporations Act 2001 (Cth) ss 236(1)(a), 237
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Swansson v RA Pratt Properties Pty Ltd [2002] NSWSC 583; 42 ACSR 313 Williams v Spautz (1992) 174 CLR 509
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 90
Date of hearing: 28-29 August 2023
Counsel for the Second Plaintiff: Mr D Parish
Solicitor for the Second Plaintiff: Keystone Lawyers
Counsel for the Defendants: Mr M Baroni
Solicitor for the Defendants: Mills Oakley
ORDERS NSD 562 of 2023
BETWEEN: NOAH'S ARK VETERINARY SERVICES PTY LTD (ACN 102 031 425) First Plaintiff
DONALD HUDSON Second Plaintiff
AND: ILONA DEBORAH HUDSON First Defendant
VICTORIA IRELAND Second Defendant
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