Recent Cases

McMillan Investment Holdings Pty Ltd v Morgan [2023] FCAFC 9 (16 February 2023) (Yates, Beach and Markovic JJ)


BANKRUPTCY AND INSOLVENCY — appeal against making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth) – whether primary judge erred in finding that s 579E(1)(b)(iv) applies – where primary judge satisfied that alleged chose in action was “particular property” capable of being “used” for the purposes of s 579E(1)(b)(iv) – where alleged chose in action was a joint right to sue held by second and third respondents to the appeal – where joint right came into existence after second and third respondents sold a business allegedly carried on jointly by them – where primary judge found a connection between alleged chose in action and a future undertaking carried on jointly by second and third respondents – whether time should be extended to permit the respondents to rely on a notice of contention to support the judgment below – appeal allowed