Federal Court of Australia
Federal Court of Australia
Pellew (Trustee) v IPSA Holdings Australia Pty Ltd [2024] FCA 939 File number: WAD 38 of 2024
Judgment of: BANKS-SMITH J
Date of judgment: 16 August 2024
Date of publication of reasons: 20 August 2024
Catchwords: PRACTICE AND PROCEDURE - application for leave to bring derivative action - intervener - application by intervener for appointment of referee or independent expert to report on financial affairs of the company for purpose of leave application - where both legal and factual issues as to liabilities incurred by company - application premature - intervener's application dismissed
Legislation: Corporations Act 2001 (Cth) ss 181, 182, 183, 236, 237, 241, 242, 247A, 247B, 1317H, Part 2F.1A Federal Court of Australia Act 1976 (Cth) s 54A Federal Court (Corporations) Rules 2000 (Cth) r 2.13 Federal Court Rules 2011 (Cth) rr 9.12, 1.40, Division 28.6
Cases cited: De Tocqueville, in the matter of Pacific Current Group Limited v Pacific Current Group Limited [2020] FCA 172 Huang v Wang [2016] NSWCA 164 Li v Dao [2018] VSC 530 Tydeman v Asgard Group Pty Ltd, in the matter of Asgard Group Pty Ltd [2023] FCA 486 Victory Projects Pty Ltd v AAA Self Storage Pty Ltd [2016] NSWSC 1758 Wilson v Manna Hill Mining Company Pty Ltd [2004] FCA 1663
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
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