C Pty Ltd (in Liquidation) and Karbines & Ors

Case

[2009] FamCA 962

25 August 2009


Details
AGLC Case Decision Date
C Pty Ltd (in Liquidation) and Karbines & Ors [2009] FamCA 962 [2009] FamCA 962 25 August 2009

CaseChat Overview and Summary

The proceeding involved C Pty Ltd (in liquidation) as an intervenor, alongside a husband and wife, and other respondents. The dispute concerned the possession of a Queensland property and related financial circumstances, with C Pty Ltd (in liquidation) seeking orders for vacant possession and the filing of financial statements. The matter came before Strickland J.

The court was required to determine whether to dismiss certain paragraphs of a response filed by a respondent, whether to order the husband and wife to provide vacant possession of the Queensland property to the intervenor, and whether to order the filing and service of a statement of financial circumstances by a respondent. Further, the court considered the adjournment of an application by the intervenor and the reservation of costs.

Strickland J ordered the dismissal of specific paragraphs of the 3rd respondent's response and also dismissed a paragraph from a previous order. Crucially, the court ordered that within 21 days, the husband and wife were to provide vacant possession of the Queensland property to C Pty Ltd (in liquidation), to give effect to a prior order. The 3rd respondent was also directed to file and serve a statement of financial circumstances by a specified date. The court adjourned further consideration of the intervenor's application and reserved the question of costs, including costs thrown away and costs of the intervenor and wife, to the adjourned hearing date.
Details

Areas of Law

  • Insolvency

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Stay of Proceedings

  • Injunction

  • Appeal

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