Construction Forestry Mining & Energy Union v TCB Concreters Pty Ltd [2004] FCA 236

Construction Forestry Mining & Energy Union v TCB Concreters Pty Ltd [2004] FCA 236

The consent dated 17 December 2002 from the liquidator complied with s 471A(1A)(c) of the Corporations Act 2001 for the purpose of institution of these proceedings, as it sufficiently covered the claims set out in the application, which were based on statutory and common law counts relating to alleged interference by the CFMEU.

Jurisdiction
Australia
Judgment Date
05 March 2004
Procedural Posture
Corporations Preliminary Point / Interlocutory/preliminary
Outcome
Declaration made that the liquidator’s written consent was effective under s 471A(1A)(c) Corporations Act 2001 for the institution of the proceeding.
Legal Topics
['liquidator Consent' 'section 471 a Corporations Act' 'authority to Commence Proceedings']
['corporations Law'] ['liquidator Consent' 'section 471 a Corporations Act' 'authority to Commence Proceedings']

Case Brief

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Procedural Posture

Corporations Preliminary Point / Interlocutory/preliminary

Legal Issues

  1. 1 ["Whether the liquidator's written consent dated 17 December 2002 satisfied the requirements of s 471A(1A)(c) of the Corporations Act 2001."]

Ratio Decidendi

The consent dated 17 December 2002 from the liquidator complied with s 471A(1A)(c) of the Corporations Act 2001 for the purpose of institution of these proceedings, as it sufficiently covered the claims set out in the application, which were based on statutory and common law counts relating to alleged interference by the CFMEU.

Court Disposition

Declaration made that the liquidator’s written consent was effective under s 471A(1A)(c) Corporations Act 2001 for the institution of the proceeding.

Orders

  • ['Declare that the consent dated 17 December 2002 complied with the provisions of s 471A(1A)(c) of the Corporations Act 2001 for the purpose of the institution of this proceeding.']