Federal Court of Australia
Federal Court of Australia
Yang v Wong, in the matter of Axis North Pty Ltd (receiver and manager appointed) (in liquidation) [2024] FCA 1017 File number(s): QUD 498 of 2023
Judgment of: COLLIER J
Date of judgment: 4 September 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for orders that two proceedings be heard together under r 30.11(d) of the Federal Court Rules (Cth) – applying factors outlined in Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 to determine whether appropriate that proceedings be heard together – extent of legal, factual and evidentiary overlap between proceedings – weighing prejudice to parties against benefits of having the proceedings heard together
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth) r 30.11
Cases cited: CIP Group Pty Ltd v So (No 3) [2023] FCA 518 CIP Group Pty Ltd v So [2022] FCA 1490 Varasdi as Litigation Representative for Mimi Varasdi v State of Victoria (Department of Education and Training) [2019] FCA 1785 Walsh, Liquidator of D&R Community Services Pty Ltd (Receivers & Managers Appointed) (In Liq) v Commissioner of Taxation [2018] FCA 1739 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 45
Date of hearing: 29 August 2024
Counsel for the Applicant: Mr L Copley
Solicitor for the Applicant: Bell Legal Group
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