Broozac Pty Ltd v ASP Aluminium Holdings Pty Ltd [2020] FCA 1345

The concurrent proceedings in the Supreme Court of Queensland are likely to impact the outcome of the interlocutory application or clarify the issues; therefore, the hearing should be adjourned until after the determination of the Supreme Court proceedings.

Parties: First Plaintiff: Broozac Pty Ltd ACN 160 879 596; Second Plaintiff: Villefranche Investments Pty Ltd ACN 069 387 408 as trustee for the Gates Family Trust 2; Third Plaintiff: Brendan Brosnan as trustee for the Brosnan Family Trust; Fourth Plaintiff: Finbray Pty Ltd; Fifth Plaintiff: Butters Super Pty Ltd ACN 622 164 256 as trustee for the Butters Family Superannuation Fund; Sixth Plaintiff: Peter James; Seventh Plaintiff: Denis Valetic; Eighth Plaintiff: Barry Lunn; Ninth Plaintiff: Richard Harrison; Tenth Plaintiff: Roberts Fraser; Eleventh Plaintiff: Larsen SMSF Pty Ltd; Twelfth Plaintiff: Richard Sharps; Thirteenth Plaintiff: Scott Sherry; Fourteenth Plaintiff: Kurt Kavanagh; Fifteenth Plaintiff: Nicholas Guthrie; Sixteenth Plaintiff: Sean Russell; Seventeenth Plaintiff: Luke Hodgman; Eighteenth Plaintiff: Daniel Maloney; First Defendant: ASP Aluminium Holdings Pty Ltd ACN 002 302 310; Second Defendant: Michael Harry Millard; Third Defendant: Millard Investments Pty Ltd ACN 073 610 581; Fourth Defendant: Michael Two Pty Ltd ACN 161 584 989; Fifth Defendant: Pathold No 73 Pty Ltd ACN 064 860 028
Jurisdiction: Australia
Judgment Date: 15 September 2020
Procedural Posture: Interlocutory Application / Adjournment of Hearing
Outcome: Application adjourned to further case management hearing.
Legal Topics: Adjournment, Concurrent Proceedings, Undertakings as to Damages, Interlocutory Injunctions

Commercial Law Corporations Law Adjournment Concurrent Proceedings Undertakings as to Damages Interlocutory Injunctions

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Parties

Broozac Pty Ltd ACN 160 879 596

First Plaintiff

Villefranche Investments Pty Ltd ACN 069 387 408 as trustee for the Gates Family Trust 2

Second Plaintiff

Brendan Brosnan as trustee for the Brosnan Family Trust

Third Plaintiff

Finbray Pty Ltd

Fourth Plaintiff

Butters Super Pty Ltd ACN 622 164 256 as trustee for the Butters Family Superannuation Fund

Fifth Plaintiff

Peter James

Sixth Plaintiff

Denis Valetic

Seventh Plaintiff

Barry Lunn

Eighth Plaintiff

Richard Harrison

Ninth Plaintiff

Roberts Fraser

Tenth Plaintiff

Larsen SMSF Pty Ltd

Eleventh Plaintiff

Richard Sharps

Twelfth Plaintiff

Scott Sherry

Thirteenth Plaintiff

Kurt Kavanagh

Fourteenth Plaintiff

Nicholas Guthrie

Fifteenth Plaintiff

Sean Russell

Sixteenth Plaintiff

Luke Hodgman

Seventeenth Plaintiff

Daniel Maloney

Eighteenth Plaintiff

ASP Aluminium Holdings Pty Ltd ACN 002 302 310

First Defendant

Michael Harry Millard

Second Defendant

Millard Investments Pty Ltd ACN 073 610 581

Third Defendant

Michael Two Pty Ltd ACN 161 584 989

Fourth Defendant

Pathold No 73 Pty Ltd ACN 064 860 028

Fifth Defendant

Procedural Posture

Interlocutory Application / Adjournment of Hearing

Legal Issues

1 Whether the interlocutory application hearing should be adjourned
2 Impact of concurrent Supreme Court proceedings on interlocutory application
3 Whether undertakings as to damages should be released

Ratio Decidendi

Court Disposition

Application adjourned to further case management hearing.

Orders

The application listed for 2 October 2020 is adjourned.
The matter is listed for a further case management hearing at 9.30 am on 1 December 2020.