Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACE Funding Limited [2003] FCA 59
CORPORATIONS – grant of extension of time retroactively to lodge notice of registrable charge – omission to lodge within 45 days due to inadvertence – no evidence of any hint or possibility of winding up or insolvent administration - no prejudice to creditors or shareholders or evidence of insolvency – just and equitable to grant relief
Corporations Act 2001 (Cth) ss 263(1) and 264(4)
Hamilton v Property Investments Ltd (1983) 7 ACLR 932 applied Re Investa Properties Ltd (2001) 40 ACSR 124 approved
ACE FUNDING LIMITED
IN THE MATTER OF ACE FUNDING LIMITED ABN 79 086 048 035 N 3004 OF 2003 CONTI J 6 FEBRUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3004 OF 2003
IN THE MATTER OF ACE FUNDING LIMITED ABN: 79 086 048 035
BETWEEN: ACE FUNDING LIMITED (ABN 79 086 048 035)
APPLICANT
JUDGE: CONTI J
DATE OF ORDER: 6 FEBRUARY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The time within which ACE Funding Limited, the abovenamed applicant, must lodge a notice pursuant to s 263(1) of the Corporations Act 2001 (Cth) in respect of the charge granted by ACE Funding Limited to S G Australia Custodian Company Pty Limited dated 20 September 2002, being exhibit marked "MJA1" to the affidavit of Matthew John Allchurch dated 15 February 2003 and filed in the within proceedings, be extended to 5:00pm on 7 November 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3004 OF 2003
IN THE MATTER OF ACE FUNDING LIMITED ABN: 79 086 048 035
BETWEEN: ACE FUNDING LIMITED (ABN 79 086 048 035)
APPLICANT
JUDGE: CONTI J
DATE: 6 FEBRUARY 2003
PLACE: SYDNEY
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate