Kogan v Rogulj, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 1137

It is appropriate to grant leave to join multiple defendants given the existence of common issues and potential common defences, and to extend time for service of the amended originating process due to complexity and ongoing investigations by the liquidators.

Jurisdiction: Australia
Judgment Date: 16 September 2021
Procedural Posture: Corporations Proceeding / Interlocutory Application
Outcome: Interlocutory relief granted
Legal Topics: ["liquidators' Powers" 'joinder of Parties' 'extension of Time' 'voidable Transactions' 'mother Proceedings']

['corporations Law' 'corporate Insolvency'] ["liquidators' Powers" 'joinder of Parties' 'extension of Time' 'voidable Transactions' 'mother Proceedings']

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Procedural Posture

Corporations Proceeding / Interlocutory Application

Legal Issues

1 ['Whether leave should be granted nunc pro tunc to join multiple defendants' 'Whether time for service of an amended originating process should be extended']

Ratio Decidendi

Court Disposition

Interlocutory relief granted

Orders

['Leave granted to amend the Originating Process in the form provided to the Court on 16 September 2021' 'Leave granted nunc pro tunc to join as defendants all parties named in the Schedule to the Amended Originating Process' 'Time for service of Amended Originating Process extended to 25 November 2021' 'Proceeding...