Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) [2024] FCA 628

Federal Court of Australia

Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) [2024] FCA 628 File number(s): SAD 144 of 2023

Judgment of: O'SULLIVAN J

Date of judgment: 4 June 2024

Catchwords: PRACTICE AND PROCEDURE – application by second interested party to represent third interested party – where second interested party is a non-lawyer and third interested party is a corporation – where no evidence of company's financial circumstances – where matter involves complex questions of law – where second interested party is a witness – where second interested party has a personal interest in the outcome of proceedings – application refused

Legislation: Federal Court Rules 2011 (Cth), rr 1.34, 4.01(2), 9.05(1)(b)(iii)

Cases cited: Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 13

Date of hearing: 4 June 2024

Counsel for the First Interested Party: Ms L Wood

Solicitor for the First Interested Party: DW Fox Tucker Lawyers

Counsel for the Second Interested Party The second interested party appeared in person

ORDERS SAD 144 of 2023 IN THE MATTER OF GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED) ACN: 074 224 623 BETWEEN: NICHOLAS DAVID COOPER AS JOINT AND SEVERAL RECEIVER OF GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED) First Plaintiff