Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Options (Aust) Pty Ltd v Hazratwala [2023] FCA 1431 Appeal from: Capital Options (Aust) Pty Ltd v Hazratwala, in the matter of Weststate Consortium (in liq) [2023] FCA 458
File number: QUD 258 of 2023
Judgment of: BEACH J
Date of judgment: 20 November 2023
Catchwords: CORPORATIONS – liquidation – summonses for examination – leave to appeal – summonses issued under ss 596A and 596B of the Corporations Act 2001 (Cth) – application to primary judge to discharge such summonses – orders made for discharge – whether orders for discharge are an interlocutory or final judgment – objections as to competency – leave to appeal necessary – extension of time within which to seek leave to appeal necessary – objections to competency upheld – notice of appeal struck out – extension of time to file application for leave to appeal granted – leave to appeal refused
Legislation: Corporations Act 2001 (Cth) ss 9, 596A, 596B, 597(5A) Federal Court of Australia Act 1976 s 24(1A)
Cases cited: Bax v Legal Practitioners Admissions Board [2021] QCA 93 Capital Options (Aust) Pty Ltd v Hazratwala, in the matter of Weststate Consortium Pty Ltd (in liquidation) [2023] FCA 458 Carr v Finance Corp of Australia Ltd (1981) 147 CLR 246 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Gerah Imports Pty Ltd v The Duke Group Ltd (in liquidation) (1993) 61 SASR 557 Jones v Porter [2022] FCA 1219 Kassiou v Heard [2017] FCA 425 Pitman v Park [2020] FCA 887 Shapowloff v Stirling Henry Ltd (in liq) [1972] 2 NSWLR 691
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate