Federal Court of Australia
Federal Court of Australia
Secretary, Department of Health and Aged Care v Prefixx Pty Ltd [2024] FCA 153 File number(s): NSD 439 of 2022
Judgment of: PERRY J
Date of judgment: 28 February 2024
Catchwords: CORPORATIONS — Liquidation — whether s 237 of the Corporations Act applies when company in liquidation — Chahwan v Euphoric Pty Ltd trading as Clay & Michel [2008] NSWCA 52 followed PRACTICE AND PROCEDURE — Application seeking order pursuant to rule 1.32 of the Federal Court Rules 2011 (Cth) for the second respondent to represent the first respondent, a company in liquidation — application refused
Legislation: Corporations Act 2001 (Cth) ss 237, 500(2) Therapeutic Goods Act 1989 (Cth) Federal Court Rules 2011 (Cth) rr 1.32, 40.51
Cases cited: Chahwan v Euphoric Pty Ltd trading as Clay & Michel [2008] NSWCA 52; (2008) 245 ALR 780 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Pearl Coast Divers Pty Ltd (in Liq) v Cossack Pearls Pty Ltd [2008] FCA 927; (2008) 249 ALR 591 Ragless v IPA Holdings Pty Ltd (In liq) [2008] SASC 90 Smart Company Pty Ltd (In Liquidation) v Clipsal Australia Pty Ltd [2011] FCA 35; (2011) 82 ACSR 154
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of last submission/s: 4 September 2023
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