In the Matter of White Constructions (ACT) Pty Ltd (in liq); Prentice, Maxwell William [1998] FCA 1043

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – Judiciary Act 1903 (Cth)– whether Court under a duty not to proceed – whether notices should issue to Attorneys-General under s 78B – whether any cause pending in the Court arising under the Constitution or involving its interpretation. PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) – whether an extension of time to apply for review of a decision of the Registrar should be allowed – whether application for review doomed to fail Corporations Law ss 596A, 597B, 597(9) Judiciary Act 1903 (Cth) ss 23(2)(a), 78B Federal Court of Australia Act 1976 (Cth) ss 20, 35A Monadelphous Engineering; ex parte McDonald and Watson (1989) 7 ACLC 220 Lombard Nash International v Berentson (1990) 3 ACSR 343 Excel Finance Corporation Ltd, Re; Worthley v Australian Securities Commission (1993) 10 ACSR 255 Gould v Brown (1998) 151 ALR 395 IN THE MATTER OF WHITE CONSTRUCTIONS (ACT) PTY LIMITED (IN LIQUIDATION) AUSTRALIAN COMPANY NUMBER: 008 511 046 MAXWELL WILLIAM PRENTICE Applicant NG 3100 of 1998

BRANSON J SYDNEY 11 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY no. ng3100 of 1998

IN THE MATTER OF WHITE CONSTRUCTIONS (ACT) PTY LIMITED

(IN LIQUIDATION)

australian company number: 008 511 046

MAXWELL WILLIAM PRENTICE

Applicant

JUDGE(S): BRANSON J

DATE OF ORDER: 11 august 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: On the Notice of Motion marked "C" 1. The Notice of Motion be returnable instanter 2. An order extending the time for making the application referred to in paragraphs 1 and 2 of the Notice of Motion be refused

3. An order dispensing with compliance with O 52 r5(2) be refused 4. The persons and companies named in annexure "A" to the Notice of Motion pay the liquidator's cost of the Notice of Motion to include such costs incurred on 10 August 1998. 5. Liberty to apply at short notice.