Bitech Engineering v Flameglow Pty Ltd (in liq) [2010] FCA 1271

Bitech Engineering v Flameglow Pty Ltd (in liq) [2010] FCA 1271

Leave pursuant to s 500 of the Corporations Act should not be granted where the application is solely for adding entirely new parties to raise fresh allegations after liability judgments have been delivered.

Jurisdiction
Australia
Judgment Date
17 November 2010
Procedural Posture
Notice of Motion / Order Following Reasons for Judgment
Outcome
Notice of Motion dismissed.
Legal Topics
['leave to Proceed Against Company in Liquidation' 'joinder of Additional Parties' 'summary Judgment']
['corporations Law' 'patent Law'] ['leave to Proceed Against Company in Liquidation' 'joinder of Additional Parties' 'summary Judgment']

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Procedural Posture

Notice of Motion / Order Following Reasons for Judgment

Legal Issues

  1. 1 ['Whether leave should be granted under s 500 of the Corporations Act to proceed against respondent for purposes of joining new parties' 'Appropriateness of adding fresh parties after judgment on liability']

Ratio Decidendi

Leave pursuant to s 500 of the Corporations Act should not be granted where the application is solely for adding entirely new parties to raise fresh allegations after liability judgments have been delivered.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion filed by the applicant on 10 November 2010 be dismissed.' 'There be no orders as to the costs of that Notice of Motion.']