Barokes Pty Ltd (in liq) v James Koutsoukos and David Coyne as Joint and Several Liquidators of Barokes Pty Ltd (in liq)

[2026] VSC 66

Supreme Court of Victoria

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Interrogate

Catchwords

1. Corporations
2. › Derivative proceedings
3. › Settlement of derivative proceedings commenced under inherent jurisdiction
1. Corporations
2. › Derivative proceedings
3. › Leave to settle — whether required under inherent jurisdiction
1. Corporations
2. › Liquidation
3. › Derivative leave — scope of order granting leave to commence proceedings
1. Corporations
2. › Liquidation
3. › Court's supervisory role over derivative proceedings

Quick Take

Practitioners bringing derivative proceedings on behalf of companies in liquidation under the Court's inherent jurisdiction should ordinarily seek leave to settle such proceedings, even where the original derivative leave order does not expressly require it. When obtaining derivative leave.

Case Details

Citation[2026] VSC 66

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Relies on11

2025J F Investment Holdings Pty Ltd (Trustee), in the matter of Golden Mile Milling Pty Ltd v HargraveFCA 713
2024Andrianakis v Uber Technologies Inc and Others (Settlement Approval)VSC 733
2019Nation Energy (Australia) Pty Ltd v Paltar Petroleum Ltd (Administrators Appointed)FCA 1473
2019McDermott and Potts in their capacities as joint and several liquidators Of Lonnex Pty Ltd (in liquidation) (Acn 097 786 751)VSCA 23
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