Lamond (No 3) [2017] FCA 610

Lamond (No 3) [2017] FCA 610

Given the overlap of issues and the prospect of delay in the leave application, the winding up application, being reasonably arguable and potentially more limited in scope, should be heard and expedited first, with Mr Lamond's application for leave (SAD 93 of 2017) to follow; this course best balances expediency, risk of inconsistent findings, and the parties' interests.

Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Interlocutory Application / Orders on Case Management Sequence and Scheduling
Outcome
Amended Interlocutory Application (paragraphs 1 and 2) refused; listing and expedition orders made.
Legal Topics
['winding Up Application' 'order of Hearing Related Proceedings' 'application for Leave Under S 237 Corporations Act' 'just and Equitable Ground for Winding Up' 'consolidation and Scheduling of Trials']
['corporations Law' 'practice and Procedure'] ['winding Up Application' 'order of Hearing Related Proceedings' 'application for Leave Under S 237 Corporations Act' 'just and Equitable Ground for Winding Up' 'consolidation and Scheduling of Trials']

Case Brief

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Procedural Posture

Interlocutory Application / Orders on Case Management Sequence and Scheduling

Legal Issues

  1. 1 ['In which order should the related winding up application and application for leave under s 237 Corporations Act be heard?' 'Whether to expedite the hearing of the winding up application' 'Risks and management of inconsistent findings, overlap, and estoppels between the proceedings']

Ratio Decidendi

Given the overlap of issues and the prospect of delay in the leave application, the winding up application, being reasonably arguable and potentially more limited in scope, should be heard and expedited first, with Mr Lamond's application for leave (SAD 93 of 2017) to follow; this course best balances expediency, risk of inconsistent findings, and the parties' interests.

Court Disposition

Amended Interlocutory Application (paragraphs 1 and 2) refused; listing and expedition orders made.

Orders

  • ['The orders sought in paragraphs 1 and 2 of the Amended Interlocutory Application dated 24 May 2017 be refused.' "Subject to any further order made by the trial judge, Mr Lamond's application for leave in SAD 93 of 2017 be listed for hearing immediately following the hearing of the winding up application." 'To the...