Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mullan v Norby Pty Ltd, in the matter of Norby Pty Ltd [2024] FCA 462 File number(s): VID 970 of 2023
Judgment of: ANDERSON J
Date of judgment: 23 April 2024
Date of publication of reasons 3 May 2024
Catchwords: CORPORATIONS – Derivative action – Application by director for grant of leave under Corporations Act 2001 (Cth) s 237 to bring proceedings on behalf of company against co-director – co-director granted leave to appear as intervener – whether the applicant was acting in good faith – whether the application was in the best interests of the company – whether there was a serious question to be tried – leave granted. PRACTICE AND PROCEDURE – Pursuant to leave granted under Corporations Act 2001 (Cth) s 237, where company sought interim mandatory injunctions requiring the delivery up of company property – whether there was a serious question to be tried – whether balance of convenience weighed in favour of granting the injunction – interim mandatory injunction granted.
Legislation: Corporations Act 2000 (Cth)
Cases cited: App Shop Pty Ltd v Jalal Bros Pty Ltd [2019] NSWSC 490 Pentridge Village Pty Ltd (In Liq) v Capital Finance Australia Ltd (2018) 58 VR 1; [2018] VSC 633 Redenbach v Legal Practice Management Group Pty Ltd (2018) 125 ACSR 513; [2018] NSWSC 527
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 40
Date of hearing: 23 April 2024
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