Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lemmen v Porcu [2013] FCA 1056 Citation: Lemmen v Porcu [2013] FCA 1056
Parties: PETER HEINZ LEMMEN v MARCELLO DANIEL PORCU
File number(s): NSD 1556 of 2011
Judge(s): DAVIES J
Date of judgment: 17 October 2013
Catchwords: CORPORATIONS — Winding up of company in insolvency — Application by director for review of Registrar's order to wind up company – Leave to bring application out of time required – Approval of the Court required — No reasonable explanation for delay — No arguable case — Prejudice — Application dismissed with costs.
Legislation: Federal Court of Australia Act 1976 (Cth) s 35A Corporations Act 2001 (Cth), ss s 459C, 459S, 471A Federal Court Rules 2011 (Cth), r 3.11
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Lane Cove Council v Geebung Polo Club Pty Ltd (No 2) (2002) 167 FCR 175 Binetter v Commissioner of Taxation (2011) 198 FCR 49 HVAC Construction (Qld) Pty Ltd v Energy Equipment Engineering Pty Ltd [2002] FCA 1638 Rodgers v CJS Panels Pty Ltd [2001] VSC 470
Date of hearing: 16 October 2013
Date of last submissions: 16 October 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: The respondent appeared in person
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