CLC Corp v Read [1999] FCA 384

FEDERAL COURT OF AUSTRALIA

CLC Corp v Read [1999] FCA 384

CORPORATIONS LAW – PRACTICE AND PROCEDURE– application for leave to appeal decision of liquidators out of time – liquidators paid solicitors to gain certificates of title held subject to solicitors' lien – factors to take into account in exercising discretion.

Corporations Law section 1321 Kabushi Kaisha Universal v Aristocrat Leisure Industries Pty Ltd (Federal Court (unreported) Chapman v Gooch Ware Travelstead and Ors Federal Court (unreported), 25 August 1998 Chalmers v Deakin University (Full Court, (unreported) Aveling Barford Ltd & Ors [1998] 3 All ER 1019 Doyles Construction Lawyers v Harsands Pty Ltd ( Supreme Court of NSW, (unreported) Ketteman and Ors v Hansel Properties Ltd and Ors (1987) 1 AC 189 Coyne v Ansett Transport Industries (unreported) Jackamarra v Krakouer (1998) 72 ALJR 819 Esther Investments Pty Ltd v Markalinga Pty Ltd (1989) 2 WAR 196); CLC CORPORATION v SIMON ANDREW READ, JEFFREY LAWRENCE HERBERT AND BENNETT & CO WAG 3037 of 1998

BOON JR 8 APRIL 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3037 OF 1998

BETWEEN: CLC CORPORATION

Applicant

AND: SIMON ANDREW READ

JEFFREY LAWRENCE HERBERT

First Respondents

BENNETT & CO

Second Respondents

REGISTRAR: BOON JR

DATE OF ORDER: 8 APRIL 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The time for bringing the appeal against the act or decision of the First Respondents as Liquidators of Penale Pty Ltd (In Liquidation); namely, the decision to make a payment and the payment by Penale Pty Ltd to the Second Respondents of the sum of $146,918.15 or thereabouts on or about 6 July 1995, be extended to 7 December 1998. 2. The question of the costs of this application be reserved for determination by the Judge hearing the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.