Asden Developments Pty Ltd (in liq) v Dinoris (No 4) [2016] FCA 1001

Asden Developments Pty Ltd (in liq) v Dinoris (No 4) [2016] FCA 1001

Since the applicant was prevented by s 1317E(4) from seeking declaratory relief and failed to establish its claim for compensation, the application was dismissed and costs awarded to the respondents.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Originating Application / Final Judgment
Outcome
Application dismissed
Legal Topics
["director's Duties" 'corporate Insolvency' 'relief Under Corporations Act 2001 (cth)' 'compensation Orders' 'cost Orders']
['corporations' 'corporate Insolvency'] ["director's Duties" 'corporate Insolvency' 'relief Under Corporations Act 2001 (cth)' 'compensation Orders' 'cost Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Originating Application / Final Judgment

Legal Issues

  1. 1 ['Entitlement to relief under s 1317E(1)(a) of the Corporations Act 2001 (Cth)' 'Eligibility for compensation under s 1317H of the Corporations Act 2001 (Cth)' "Alleged breach of directors' duty under s 180"]

Ratio Decidendi

Since the applicant was prevented by s 1317E(4) from seeking declaratory relief and failed to establish its claim for compensation, the application was dismissed and costs awarded to the respondents.

Court Disposition

Application dismissed

Orders

  • ['The originating application filed on 5 November 2014 is dismissed.' "The applicant pay the first and second respondents' costs of this proceeding, including reserved costs."]