Federal Court of Australia
Federal Court of Australia
Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 3) [2023] FCA 1329 File number: NSD 346 of 2022
Judgment of: LEE J
Date of judgment: 26 October 2023
Date of publication of reasons: 1 November 2023
Catchwords: CORPORATIONS – class action alleging issuance of unsecured notes pursuant to misleading and deceptive prospectus – where parties embroiled in collateral disputation as to creditor indemnity in deed of company arrangement – parties sent back to drawing board such that all issues as to creditor indemnity may be determined together on a final basis
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB Legal Profession Uniform Law (NSW) ss 171(1), 171(1)(c), 198(1), 198(6), 198(7)
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited [2022] FCA 1243; (2022) 165 ACSR 550 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 2) [2023] FCA 899 National Australia Bank Ltd v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; (2019) 377 ALR 627 National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 3) [2019] FCA 2139
Division: General Division
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