Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Diploma Construction Pty Ltd v Precast Prestressed Buildings Perth Pty Ltd [2004] FCA 1505 CORPORATIONS – extension of time for lodging notice of deed of charge – delay due to inadvertence – extension just and expedient subject to liberty to apply Corporations Act 2001 (Cth) ss 266, 441A
Hewlett Packard Australia Pty Ltd v GE Capital Finance Pty Ltd (2003) 203 ALR 51 cited DIPLOMA CONSTRUCTION PTY LTD v PRECAST PRESTRESSED BUILDINGS PERTH PTY LTD W249 of 2004 RD NICHOLSON J 5 NOVEMBER 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W249 OF 2004
BETWEEN: DIPLOMA CONSTRUCTION PTY LTD
(ACN 008 939 179)
APPLICANT
AND: PRECAST PRESTRESSED BUILDINGS PERTH PTY LTD (Administrators Appointed ACN 102 746 449)
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 5 NOVEMBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The period for lodging with the Australian Securities and Investments Commission notice of the Deed of Charge granted by the respondent to the applicant dated 23 April 2004 be extended to 3 August 2004. 2. The administrators or any liquidator or unsecured creditor have liberty to apply to discharge or vary the order in the event of the appointment of a liquidator in any winding up which commences within six months of the date of lodgement of the Deed of Charge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W249 OF 2004
BETWEEN: DIPLOMA CONSTRUCTION PTY LTD
(ACN 008 939 179)
APPLICANT
AND: PRECAST PRESTRESSED BUILDINGS PERTH PTY LTD (Administrators Appointed ACN 102 746 449)
RESPONDENT
JUDGE: RD NICHOLSON J
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