Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Montague Estate Pty Ltd (In Liquidation) v Montague VY No1 Pty Ltd, in the matter of Montague Estate Pty Ltd [2024] FCA 1426 File number: WAD 365 of 2024
Judgment of: FEUTRILL J
Date of judgment: 6 December 2024
Date of publication of reasons: 11 December 2024
Catchwords: PRACTICE AND PROCEDURE – originating process for relief setting aside share transfers under s 588FF of Corporations Act 2001 (Cth) and for compensation for breaches of directors' duties - urgent ex parte application for interlocutory injunction to restrain dealing with assets – risk of dissipation of company assets and diminution of value of shares – serious question to be tried – balance of convenience
Legislation: Corporations Act 2001 (Cth) ss 81, 182, 588FB, 588FC, 588FE, 588FF, 1317H
Cases cited: Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 217 FCR 238
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 12
Date of hearing: 6 December 2024
Counsel for the Plaintiffs: Mr J Slack-Smith
Solicitor for the Plaintiffs: Stacks
Counsel for the Defendants: The Defendants did not appear
ORDERS WAD 365 of 2024 IN THE MATTER OF MONTAGUE ESTATE PTY LTD (IN LIQUIDATION) ACN 638 097 622 BETWEEN: MONTAGUE ESTATE PTY LTD (IN LIQUIDATION) ACN 638 097 622 First Plaintiff
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