Ashmere Cove Pty Ltd v Knightsbridge Managed Funds Ltd (In liq) [2007] FCA 1428

Ashmere Cove Pty Ltd v Knightsbridge Managed Funds Ltd (In liq) [2007] FCA 1428

Having regard to the conclusions reached in the related proceedings WAD 305 of 2006 allowing joinder of the second respondent's Insurers, and because the opposition to leave was substantially based upon argument against that joinder, leave was granted to the applicants to proceed against the second respondent.

Jurisdiction
Australia
Judgment Date
11 September 2007
Procedural Posture
Corporations Insolvency Application for Leave to Proceed Against Company in Liquidation / Orders on Leave to Proceed Against Second Respondent
Outcome
Leave to commence and proceed against the second respondent granted on conditions.
Legal Topics
['leave to Proceed Against Company in Liquidation' 'joinder of Company Insurers as Respondents']
['corporations' 'insolvency'] ['leave to Proceed Against Company in Liquidation' 'joinder of Company Insurers as Respondents']

Case Brief

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Procedural Posture

Corporations Insolvency Application for Leave to Proceed Against Company in Liquidation / Orders on Leave to Proceed Against Second Respondent

Legal Issues

  1. 1 ['Whether the applicants should 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 in liquidation.']

Ratio Decidendi

Having regard to the conclusions reached in the related proceedings WAD 305 of 2006 allowing joinder of the second respondent's Insurers, and because the opposition to leave was substantially based upon argument against that joinder, leave was granted to the applicants to proceed against the second respondent.

Court Disposition

Leave to commence and proceed against the second respondent granted on conditions.

Orders

  • ['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.' 'The applicants shall not be at liberty to...