Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62 Appeal from: Erskine v 72-74 Gordon Crescent Lane Cove Pty Ltd, in the matter of North Shore Property Developments Pty Ltd (in liq) [2018] FCA 1094
File number: NSD 1493 of 2018
Judges: JAGOT, GLEESON AND MARKOVIC JJ
Date of judgment: 16 April 2019
Catchwords: CORPORATIONS – liquidator's application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) – whether primary judge erred in exercising discretion – no error – appeal dismissed
Legislation: Corporations Act 2001 (Cth) s 588FF(3)(b)
Cases cited: Green v Chiswell Furniture Pty Ltd (in liq) [1999] NSWSC 608 House v The King (1936) 55 CLR 499 Taylor v Woden Constructions Pty Ltd [1998] FCA 1228
Date of hearing: 1 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 38
Counsel for the Appellant: Mr AG Bell SC and Mr SW Aspinall
Solicitor for the Appellant: Norton Rose Fulbright Australia
Counsel for the Respondents: Mr DR Pritchard SC
Solicitor for the Respondents: Kazi Portolesi Lawyers
ORDERS NSD 1493 of 2018
BETWEEN: ROBYN-LEE ERSKINE AS LIQUIDATOR OF NORTH SHORE PROPERTY DEVELOPMENTS PTY LTD (IN LIQUIDATION) Appellant
AND: 72-74 GORDON CRESCENT LANE COVE PTY LTD ACN 168 361 662 First Respondent
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