Federal Court of Australia
Federal Court of Australia
Copeland (liquidator) v Odeesh, in the matter of FBF Transport Pty Ltd (in liq) (No 2) [2024] FCA 1400 File number(s): NSD 1347 of 2024
Judgment of: WIGNEY J
Date of judgment: 4 December 2024
Catchwords: CORPORATIONS – application for order for examination of director and production of documents – where defendant had failed to deliver up property of company in liquidation – where continued failure to comply with court orders – whether examination order can be made under the Federal Court Rules 2011 r 41.10(1) and Civil Procedure Act 2005 (NSW) s 108 – orders for examination and production of documents made – defendant to pay plaintiffs' costs
Legislation: Corporations Act 2001 (Cth) s 530C Federal Court Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) rr 1.39, 14.11(1)(a), 41.06, 41.08(1)(a), 41.10(1), 42.11 Civil Procedure Act 2005 (NSW) s 108 Uniform Civil Procedure Rules 2005 (NSW) rr 38.2(1)(a), 38.3(2), 38.3(3), 38.4(1), 38.5(1)
Cases cited: Austress Freyssinet v Kowalski [2007] NSWSC 1105 Copeland (liquidator) v Odeesh, in the matter of FBF Transport Pty Ltd (in liq) [2024] FCA 1136 Xpress Fuel Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) [2023] NSWSC 692
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 21
Date of hearing: 4 December 2024
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