Hopkins v AECOM Australia Pty Ltd [2012] FCA 1204

Hopkins v AECOM Australia Pty Ltd [2012] FCA 1204

Leave to proceed is granted under s440D because the applicants' claims have a solid foundation and are part of a broader controversy raising common issues with other entities; the potential hardship or inconvenience to the administration can be managed by case management or further conditions; lack of insurance is relevant but not decisive; leave to proceed is granted on condition that any judgment is not enforceable without leave of the Court.

Jurisdiction
Australia
Judgment Date
01 August 2012
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application for Leave to Proceed Under S440 D of the Corporations Act 2001 (cth)
Outcome
Leave to proceed under s440D of the Corporations Act 2001 (Cth) granted to join RiverCity Management and RiverCity Services as respondents, subject to conditions.
Legal Topics
['voluntary Administration—leave to Proceed' 'representative Proceedings (class Actions)' 'misleading or Deceptive Conduct' 'insurance in Insolvency']
['corporations Law' 'civil Procedure'] ['voluntary Administration—leave to Proceed' 'representative Proceedings (class Actions)' 'misleading or Deceptive Conduct' 'insurance in Insolvency']

Case Brief

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Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application for Leave to Proceed Under S440 D of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether leave should be granted under s440D of the Corporations Act 2001 (Cth) to proceed against companies in voluntary administration' 'Relevance of available insurance to grant of leave' 'Appropriate conditions to attach to any leave granted']

Ratio Decidendi

Leave to proceed is granted under s440D because the applicants' claims have a solid foundation and are part of a broader controversy raising common issues with other entities; the potential hardship or inconvenience to the administration can be managed by case management or further conditions; lack of insurance is relevant but not decisive; leave to proceed is granted on condition that any judgment is not enforceable without leave of the Court.

Court Disposition

Leave to proceed under s440D of the Corporations Act 2001 (Cth) granted to join RiverCity Management and RiverCity Services as respondents, subject to conditions.

Orders

  • ['Applicants granted leave under s440D to commence and prosecute proceedings against RiverCity Motorway Management Limited and RiverCity Motorway Services Pty Limited by joining them to the proceedings.' 'Applicants to file and serve amended originating application and amended statement of claim.' 'Applicants not to...