FEDERAL COURT OF AUSTRALIA
Ashmere Cove Pty Ltd v Knightsbridge Managed Funds Ltd (In liq)
[2007] FCA 1428
CORPORATIONS – insolvency – leave to proceed against company in liquidation – joinder of company insurers as respondents – leave to proceed ordered
WAD 307 OF 2006
FRENCH J
11 SEPTEMBER 2007
PERTH
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IN THE FEDERAL COURT OF AUSTRALIA |
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WESTERN AUSTRALIA DISTRICT REGISTRY |
WAD 307 OF 2006 |
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BETWEEN: |
ASHMERE COVE PTY LTD First Applicant
CG SUPER PTY LTD Second Applicant
CHORAL PTY LTD Third Applicant
PULLINGTON INVESTMENTS PTY LTD Fourth Applicant
GERALDINE GRAY IN HER CAPACITY AS EXECUTOR FOR THE LATE CONSTANCE PHYLLIS JAMES Fifth Applicant
MANTEL BREWING SERVICES Sixth Applicant
CATHERINE EMMA HUSK Seventh Applicant
MIKAYLA KIM DUNNE AND JENNIFER ANNE ALLEN Eighth Applicant
BLYTH NOMINEES PTY LTD Ninth Applicant
JOHN ANDREW MASLEN AND JOAN CARMEL MASLEN Tenth Applicant
CREATON PTY LTD Eleventh Applicant
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AND: |
GIOVANNI MAURIZIO CARRELLO (LIQUIDATOR) OF KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) First Respondent
KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) Second Respondent
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FRENCH J |
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DATE OF ORDER: |
11 SEPTEMBER 2007 |
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WHERE MADE: |
PERTH |
THE COURT ORDERS THAT:
1. The applicants have leave pursuant to s 500(2) of the Corporations Act 2001 (Cth) to commence and proceed with proceeding WAD 305 of 2006 against the second respondent herein, such leave to be given nunc pro tunc to the extent necessary, on the conditions set out below.
2. The applicants shall not be at liberty to enter judgment against the second respondent herein, nor to enforce any judgment against I, without leave of the Honourable Court to do so.
3. Unless and until further order to the contrary, the second respondent herein shall not be required to participate further, or take any further steps, in the proceedings WAD 305 of 2006.
4. The costs of this application be reserved until after the determination of WAD 305 of 2006 or until further orders.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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WESTERN AUSTRALIA DISTRICT REGISTRY |
WAD 307 OF 2006 |
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BETWEEN: |
ASHMERE COVE PTY LTD First Applicant
CG SUPER PTY LTD Second Applicant
CHORAL PTY LTD Third Applicant
PULLINGTON INVESTMENTS PTY LTD Fourth Applicant
GERALDINE GRAY IN HER CAPACITY AS EXECUTOR FOR THE LATE CONSTANCE PHYLLIS JAMES Fifth Applicant
MANTEL BREWING SERVICES Sixth Applicant
CATHERINE EMMA HUSK Seventh Applicant
MIKAYLA KIM DUNNE AND JENNIFER ANNE ALLEN Eighth Applicant
BLYTH NOMINEES PTY LTD Ninth Applicant
JOHN ANDREW MASLEN AND JOAN CARMEL MASLEN Tenth Applicant
CREATON PTY LTD Eleventh Applicant
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AND: |
GIOVANNI MAURIZIO CARRELLO (LIQUIDATOR) OF KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) First Respondent
KNIGHTSBRIDGE MANAGED FUNDS LIMITED (IN LIQ) Second Respondent
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JUDGE: |
FRENCH J |
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DATE: |
11 SEPTEMBER 2007 |
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PLACE: |
PERTH |
REASONS FOR ORDERS ON LEAVE TO PROCEED AGAINST SECOND RESPONDENT
1 Having regard to the conclusions which I have reached in the related proceedings, WAD 305 of 2006 allowing joinder of the second respondent’s Insurers, I propose to give leave to the applicants to proceed against the second respondent in that action. The opposition to the grant of that leave was substantially based upon argument against the joinder of the Insurers. I shall make an order in terms of the minute proposed by the applicants.
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French. |
Associate:
Dated: 11 September 2007
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Counsel for the Applicants: |
Mr MD Cuerden |
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Solicitor for the Applicants: |
Dwyer Durack |
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Counsel for the Second Respondent: |
Mr GD Cobby |
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Solicitor for the Second Respondent: |
Christensen Vaughan |
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Date of Hearing: |
28 August 2007 |
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Date of Judgment: |
11 September 2007 |
