Selex Communications SpA v Rennie, in the matter of Stanilite Pacific Ltd (in liq) [2010] FCA 1482

FEDERAL COURT OF AUSTRALIA

Selex Communications SpA v Rennie, in the matter of Stanilite Pacific Ltd (in liq) [2010] FCA 1482 Citation: Selex Communications SpA v Rennie, in the matter of Stanilite Pacific Ltd (in liq) [2010] FCA 1482

Parties: SELEX COMMUNICATIONS SPA v KENNETH JOHN RENNIE AND JOHN RAYMOND GIBBONS (IN THEIR CAPACITY AS JOINT LIQUIDATORS OF STANILITE PACIFIC LIMITED ACN 002 930 289 (IN LIQUIDATION)) AND GEOFFRY RALPH JAMES (IN HIS CAPACITY AS FORMER LIQUIDATOR OF STANILITE PACIFIC LIMITED ACN 002 930 289 (IN LIQUIDATION))

File number: VID 3347 of 1996

Judge: RARES J

Date of judgment: 21 December 2010

Catchwords: BANKRUPTCY AND INSOLVENCY – proof of debt – identical proofs of debt made by creditor in liquidations of two related companies – common liquidators – one proof lodged three years before proof lodged in other liquidation – delay in adjudication, and subsequent rejection, of second proof of debt after three years – first proof not rejected for twelve years and after all assets of both companies distributed – creditor failed to challenge earlier rejection of proof of debt – creditor claiming liquidators' duty to decide all proofs in all related liquidations at same time – creditor seeking extension of time under reg 5.6.54(2) of the Corporations Regulation 2001 (Cth) to appeal against first rejection of proof of debt seven years later PRACTICE AND PROCEDURE – amendment of pleadings – delay – amendment to join related company and its liquidations, to appeal against rejection of proof of debt seven years previously, and to include new claims in respect of proofs of debt – amended application made over one year after proceedings commenced – amendments including novel, unparticularised claim for negligence against liquidators – refusal to provide particulars of novel claim – failure to explain delay – principles for considering grant of amendment to pleadings