Collins, Edwin Kerry v Update Marketing Pty Ltd & Anor [1987] FCA 440

Collins, Edwin Kerry v Update Marketing Pty Ltd & Anor [1987] FCA 440

Following L. Grollo & Co. Pty. Ltd. v. Nu-statt Decorating Pty. Ltd. (No. 2) and Seymour v. Southern Districts Video Pty. Ltd., s.371(2) of the Companies (Queensland) Code applies in the Federal Court by force of s.79 of the Judiciary Act 1903 (Cth.), and leave of the Supreme Court is necessary before the application for judgment may proceed against the company in liquidation.

Jurisdiction
Australia
Judgment Date
19 August 1987
Procedural Posture
Application for Judgment in Default of Defence / Application for Judgment Adjourned
Outcome
The application for judgment was adjourned to a date to be fixed by the Registrar.
Legal Topics
['application of State Legislation by Federal Court' 's.79 Judiciary Act 1903 (cth.)' 's.371(2) Companies (queensland) Code' 'leave to Proceed Against a Company in Liquidation']
['practice and Procedure' 'corporations' 'federal Jurisdiction'] ['application of State Legislation by Federal Court' 's.79 Judiciary Act 1903 (cth.)' 's.371(2) Companies (queensland) Code' 'leave to Proceed Against a Company in Liquidation']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judgment in Default of Defence / Application for Judgment Adjourned

Legal Issues

  1. 1 ['Whether s.371(2) of the Companies (Queensland) Code barred or inhibited the application for judgment in default against a company that had been placed in liquidation.' 'Whether leave of the Supreme Court was necessary before proceedings in the Federal Court could be continued against the company in liquidation.']

Ratio Decidendi

Following L. Grollo & Co. Pty. Ltd. v. Nu-statt Decorating Pty. Ltd. (No. 2) and Seymour v. Southern Districts Video Pty. Ltd., s.371(2) of the Companies (Queensland) Code applies in the Federal Court by force of s.79 of the Judiciary Act 1903 (Cth.), and leave of the Supreme Court is necessary before the application for judgment may proceed against the company in liquidation.

Court Disposition

The application for judgment was adjourned to a date to be fixed by the Registrar.

Orders

  • ['The application for judgment be adjourned to a date to be fixed by the Registrar.']