Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd)

• Jurisdiction: Australia Federal only
• Judgment Date: 22 December 2020
• Neutral Citation: [2020] FCA 1824
• Court: Federal Court
• Date: 22 December 2020

FEDERAL COURT OF AUSTRALIA

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824

File number:	VID 1277 of 2017
Judgment of:	MIDDLETON J
Date of judgment:	22 December 2020
Catchwords:	PRACTICE AND PROCEDURE – Pleadings – Amendment – Application for leave to file Second Further Amended Originating Process and Points of Claim – Application for leave to file further amended Concise Statements – Whether substantially different case ; PRACTICE AND PROCEDURE – Multiple respondents – Whether common issues exist in relation to all respondents — Applications to remove respondents from proceedings ; PRACTICE AND PROCEDURE – Costs – Whether costs thrown away – Whether costs thrown away should be taxed and paid forthwith – Whether costs thrown away should be paid on an indemnity basis ; COURTS AND JUDICIAL SYSTEM – Cross-vesting – Whether proceedings ought to be transferred to Supreme Court of New South Wales – Accrued jurisdiction of Federal Court of Australia
Legislation:	Australian Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Personal Property Securities Act 2009 (Cth) Building and Construction Industry Payments Act 2004 (Qld) Building Industry Fairness (Security of Payment) Act 2017 (Qld)
Cases cited:	Aon Risk Services Australia Ltd v Australian National University(2009) 239 CLR 175 Australian Competition and Consumer Commission v BlueScope Steel Limited (No 2)[2020] FCA 625 BHP Billiton Limited v Schultz (2004) 221 CLR 400 Blacker v National Australia Bank Ltd [2000] FCA 681 Bryant (Liquidator) v LV Dohnt & Co Pty Ltd, In the matter of Gunns Limited (in liq) (Receivers and Managers Appointed) [2018] FCA 238 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Camilleri v The Trust Company (Nominees) Ltd (2015) ACSR 191 Dorotea Pty Ltd v Vancleve Pty Ltd(1987) 75 ALR 629 Dudley (liquidator) v RHG Construction Fitout & Maintenance Pty Ltd [2019] FCA 1355 Dye v Commonwealth Security Ltd (No 2)[2010] FCAFC 118 Elna Australia Pty Ltd v International Computers (Australia) Pty Ltd (1987) 16 FCR 410 Facade Treatment Engineering Pty Ltd (In Liq) v Brookfield Multiplex Constructions Pty Ltd (2016) 337 ALR 452 Hamersley First Instance in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers And Managers Appointed (2018) 337 FLR 420 Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) (2017) 320 FLR 259 Hayes (Liquidator) v 5G Developments Pty Ltd, in the matter of 5G Developments Pty Ltd[2019] FCA 1541 Kazar (Liquidator) v Kargarian, Re; Frontier Architects Pty Ltd (in liq)(2011) 197 FCR 113 Oshlack v Richmond River Council (1998) 193 CLR 72 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd(In Liq) (2019) 99 NSWLR 317 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2015] FCA 1098 Wickstead v Browne (1992) 30 NSWLR 1
Division:	General Division
Registry:	Victoria
National Practice Area:	Commercial and Corporations
Sub-area:	Corporations and Corporate Insolvency
Number of paragraphs:	294
Date of hearing:	21 May 2020
Counsel for the Applicants:	Mr M D Wyles QC with Mr R F R Pintos-Lopez
Solicitor for the Applicants:	Hall & Wilcox
Counsel for the First and Second Respondents:	Mr P D Crutchfield QC with Ms F Cameron
Solicitor for the First and Second Respondents:	King & Wood Mallesons
Counsel for the Third, Fourth, Fifth and Sixth Respondents:	Mr C N Bova SC with Ms A Carr
Solicitor for the Third, Fourth, Fifth and Sixth Respondents:	Baker McKenzie
Counsel for the Seventh, Eighth, Ninth and Fourteenth Respondents:	Mr H N G Austin QC with Ms J A Findlay
Solicitor for the Seventh, Eighth, Ninth and Fourteenth Respondents:	Crawford Legal
Counsel for the Tenth and Nineteenth Respondents:	Mr C R Brown
Solicitor for the Tenth and Nineteenth Respondents:	HWL Ebsworth Lawyers
Counsel for the Twelfth and Thirteenth Respondents:	Mr D F McAloon
Solicitor for the Twelfth and Thirteenth Respondents:	Clayton Utz
Counsel for the Fifteenth Respondent:	Mr R Scruby SC with Ms E Doyle-Markwick
Solicitor for the Fifteenth Respondent:	Colin Biggers & Paisley
Counsel for the Sixteenth Respondent:	Mr E A J Hyde
Solicitor for the Sixteenth Respondent:	Corrs Chambers Westgarth
Counsel for the Twentieth, Twenty-First, Twenty-Second and Twenty-Third Respondents:	Mr M J Galvin QC with Mr R J Harris
Solicitor for the Twentieth, Twenty-First, Twenty-Second and Twenty-Third Respondents:	Maddocks Lawyers
Counsel for the Twenty-Fourth and Twenty-Fifth Respondents:	Mr R J Pietriche
Solicitor for the Twenty-Fourth and Twenty-Fifth Respondents:	Colin Biggers & Paisley

ORDERS

		VID 1277 of 2017
BETWEEN:	HASTIE GROUP LIMITED (IN LIQUIDATION) (ACN 112 803 040) First Applicant ; CRAIG DAVID CROSBIE (IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF THE HASTIE GROUP COMPANIES LISTED HEREIN) Second Applicant ; IAN MENZIES CARSON (IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF THE HASTIE GROUP COMPANIES...