Federal Court of Australia
Federal Court of Australia
Edgemont Investments LLC v Tyndall Capital Pty Ltd [2024] FCA 1116 File number: NSD 789 of 2024
Judgment of: JACKMAN J
Date of judgment: 16 September 2024
Catchwords: CORPORATIONS – whether to grant leave to bring proceedings on behalf of company – whether to remove directors – whether to appoint receivers and managers PRACTICE AND PROCEDURE – whether to make freezing orders
Legislation: Corporations Act 2001 (Cth) ss 233, 237, 1323
Cases cited: Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWSCA 97; (2001) 37 ACSR 672 Hislop v Paltar Petroleum Ltd (No 3) [2017] FCA 1253 JAB Nominees (OST) Pty Ltd v Auswild (Ancillary Orders) [2020] VSC 731
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 54
Date of hearing: 16 September 2024
Counsel for the Plaintiff: Mr F Douglas SC and Mr T Smartt
Solicitor for the Plaintiff: Banton Group
Counsel for the First and Second Defendants: Mr M Pesman SC and Mr M Rose
Solicitor for the First and Second Defendants: Emerson Lewis Lawyers
Counsel for the Third and Fourth Defendants: Mr D Krochmalik
Solicitor for the Third and Fourth Defendants: Clayton Utz
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