Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4)

• Jurisdiction: Australia Federal only
• Judgment Date: 22 December 2022
• Neutral Citation: [2022] FCA 1575
• Date: 22 December 2022
• Court: Federal Court

Federal Court of Australia

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575

File number:	VID 1277 of 2017VID 237 of 2022
Judgment of:	MIDDLETON J
Date of judgment:	22 December 2022
Catchwords:	BANKRUPTCY AND INSOLVENCY – action for debt brought by companies in liquidation and liquidator against numerous respondents – matters of principle common to various claims determined in “liability trial” – orders made reflecting reasons as to liability – refusal of relief sought by applicants under Corporations Act 2001 (Cth) (Corporations Act) Sch 2 s 90-15 – refusal of declaratory relief sought by applicants – dismissal of claims seeking amounts drawn down under bank guarantees or return of bank guarantees – dismissal of claims found to be statute-barred because of limitation period – dismissal of claims no longer pressed by applicants ; CORPORATIONS –action for debt brought by companies in liquidation and liquidator against numerous respondents – matters of principle common to various claims determined in ‘liability trial’ – orders made reflecting reasons as to liability – refusal of relief sought at liability trial by liquidator under Corporations Act 2001 (Cth) (Corporations Act) Sch 2 s 90-15 – refusal of declaratory relief sought by applicants – dismissal of claims seeking amounts drawn down under bank guarantees or return of bank guarantees – dismissal of claims found to be statute-barred because of limitation period – dismissal of claims no longer pressed by applicants ; PRACTICE AND PROCEDURE – declaration sought by applicants – declaration refused – issue subject of sought declaration not pleaded and not a real controversy in dispute ; PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 54A – consideration of referral of questions to a referee – potential necessity for prior determination of evidentiary issues – Kadam v MiiResorts Group 1 Pty Ltd (No 4) (2017) 252 FCR 298; [2017] FCA 1139 considered ; COSTS – application by respondents for costs forthwith of liability trial and for costs on indemnity basis – submission that applicants’ claims in wilful disregard of clearly established law – Calderbank offers or offers of settlement made – held: costs in respect of dismissed claims ordered to be paid forthwith on ordinary basis, with reservation of rights to pursue costs on indemnity basis for respondents who made Calderbank offers or offers of settlement ; CORPORATIONS – winding up by the court – ss 459A and 467B of Corporations Act – application for order for winding up by the court where company already being wound up voluntarily – stay sought by applicants – held: application dismissed
Legislation:	Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited:	Ainsworth v Criminal justice Commission(1992) 175 CLR 564 Ajkay v Hickey & Co Pty Ltd[2011] NSWSC 822 Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australasian Conference Assoc Ltd v Mainline Constructions Pty Ltd (in liq)(1978) 141 CLR 335 Australian Securities and Investments Commission v Rich (2009) 236 FLR 1; [2009] NSWSC 1229 Australian Securities Commission v Melbourne Asset Management Nominees Pty Ltd(1994) 49 FCR 334; [1994] FCA 1031 Calderbank v Calderbank[1975] 3 All ER 333 Carter v Federal Commissioner of Taxation (2020) 279 FCR 83 Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd[2005] NSWSC 784 Colgate-Palmolive Co v Cussons Pty Ltd(1993) 46 FCR 225 CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) (No 2) (2018) 268 FCR 590; [2018] FCA 2112 Dale v Clayton Utz (No 3) [2013] VSC 593 Energy Beverages LLC v Cantarella Bros Pty Ltd (No 2)[2022] FCA 394 Farrow Finance Co Ltd (in liq) v ANZ Executors and Trustees Co Ltd (1997) 23 ACSR 521 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV (No 5) [2018] FCA 19 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1;[2002] NSWSC 432 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited(1988) 81 ALR 397 Gothard v Davey (No 2) (2011) 277 ALR 172 Gye v McIntyre (1991) 171 CLR 609 Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] WASC 152; (2017) 52 WAR 90 Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (Receivers and Managers appointed) [2018] WASCA 163; (2018) 53 WAR 325 Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (formerly Brookfield Multiplex Constructions Pty Ltd) (No 3)[2022] FCA 1280 Hume v Munro (No 2) (1943) 67 CLR 461 Kadam v MiiResorts Group 1 Pty Ltd (No 4) (2017) 252 FCR 298; [2017] FCA 1139 McKellar v Container Terminal Management Services Ltd[1999] FCA 1639 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 2) [2017] FCAFC 116 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2012) 203 FCR 520; [2012] FCA 558 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (No 2)[2012] FCA 559 Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 2)[2020] FCA 1093 Re Clay; Clay v Booth (1919) l Ch 66 Richmond v Ora Gold Ltd[2020] FCA 70 Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd(1921) 2 AC 438 Setka v Abbott[2013] VSCA 376 Sheehan v Lloyds Names Munich Re Syndicate Ltd[2017] FCA 1340 Stone v Ebeid[2020] FCA 343 Toowoomba Foundry Pty Ltd v Commonwealth(1945) 71 CLR 545 VoR Environmental Australia Pty Limited v Taset Inc (No 2) (2019) 385 ALR 312; [2019] FCA 1094
Division:	General Division
Registry:	Victoria
National Practice Area:	Commercial and Corporations
Sub-area:	Corporations and Corporate Insolvency
Number of paragraphs:	151
Date of last submissions:	7 December 2022
Date of hearing in VID 1277 of 2017:	15-18, 22-24 and 29 March 2022, 4, 21-22 and 26 April 2022, 11 and 13 May 2022, 5 July 2022 and 23 November 2022
Date of hearing in VID 237 of 2022:	13 May 2022, 5 July 2022 and 23 November 2022
In VID 1277 of 2017:

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