Aboriginal Enterprises Co Pty Ltd v Ngangganawili Community Inc [1998] FCA 857

FEDERAL COURT OF AUSTRALIA CORPORATIONS LAW - WINDING UP - Extension of period for determination of winding up application - Power of court to make order extending time where application for extension made after date by which winding up application required to be determined - Where conference adjourned to date after limited date - whether adjournment was order within slip rule

Federal Court of Australia Rules O35 r7. Corporations Law s.459R(1)(2)(3). Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206. Re Agushi; Ex parte Farrow Mortgage Services Pty Ltd (in liq) (1994) 126 ALR 704. Westpac Banking Corporation v Jury (1998) 16 ACLC 547. Polygram Pty Ltd v CEL Entertainment Pty Limited (unreported, FCA No. 779 of 1998, Emmett J, 10 June 1998). Gould v Vagellas (1985) 157 CLR 215. ABORIGINAL ENTERPRISES COMPANY PTY LTD (ACN 009 124 396) -v- NGANGGANAWILI COMMUNITY INCORPORATED WAG 3021 OF 1997 RD FARRELL JR 22 JULY 1998 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WaG 3021 of 1997

BETWEEN: ABORIGINAL ENTERPRISES COMPANY PTY LTD

(ACN 009 124 396)

Applicant

AND: NGANGGANAWILI COMMUNITY INCORPORATED

Respondent

COURT: RD FARRELL

DATE OF ORDER: 22 JULY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Pursuant to Order 35, rule 7(3), the order of Deputy District Registrar Rayney on 20 January 1998 adjourning the settlement conference to 27 February 1998 be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 27 February 1998. 2. Pursuant to Order 35, rule 7(3), the order of Deputy District Registrar Rayney adjourning the settlement conference to 20 March 1998 be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 20 March 1998. 3. Pursuant to Order 35, rule 7(3), the order of Deputy District Registrar Rayney adjourning the settlement conference to 5 May 1998 be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 5 May 1998. 4. Pursuant to Order 35, rule 7(3), the order of District Registrar Jan on 21 April 1998 adjourning the respondent's notice of motion to 16 June 1998 be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 16 June 1998. 5. Pursuant to Order 35, rule 7(3), the order of District Registrar Jan on 16 June 1998 adjourning the parties' notices of motion to 20 July 1998 be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 20 July 1998. 6. Pursuant to Order 35, rule 7(3), the order of Judicial Registrar Farrell on 20 July 1998 reserving his decision and adjourning the parties' notices of motion be corrected by adding a further order that, subject to further order, the time for the determination of the winding-up application be extended up to and including 23 July 1998. 7. Subject to further order, the time for the determination of the winding-up application be extended up to and including 24 August 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.