Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) v Workers Compensation Nominal Insurer; In the Matter of Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) [2014] FCA 567

FEDERAL COURT OF AUSTRALIA

Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) v Workers Compensation Nominal Insurer; In the Matter of Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) [2014] FCA 567 Citation: Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) v Workers Compensation Nominal Insurer; In the Matter of Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) [2014] FCA 567

Appeal from: Application for Extension of Time and Leave to Appeal: Workers Compensation Nominal Insurer v Lime Gourmet Pizza Bar (Darby Street) Pty Ltd [2014] FCA 43; Workers Compensation Nominal Insurer v Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (No 2) [2014] FCA 151

Parties: LIME GOURMET PIZZA BAR (DARBY STREET) PTY LTD (IN LIQUIDATION) (ACN 147 958 861) v WORKERS COMPENSATION NOMINAL INSURER; IN THE MATTER OF LIME GOURMET PIZZA BAR (DARBY STREET) PTY LTD (IN LIQUIDATION) (ACN 147 958 861)

File number: NSD 364 of 2014

Judge: FOSTER J

Date of judgment: 30 May 2014

Catchwords: PRACTICE AND PROCEDURE – whether an extension of time for leave to appeal from a decision of a judge refusing to set aside a winding up order and a related order should be granted to a corporation in liquidation in circumstances where its prospects of obtaining leave to appeal are poor and the corporation did not adduce any evidence as to solvency

Legislation: Corporations Act 2001 (Cth), ss 459A, 459C(2)(a), 459E, 459F(2), 459G, 459R(2), 471A, 482 Federal Court of Australia Act 1976 (Cth), ss 24(1A), 35A(5), 35A(7), 43(1) and 43(2) Federal Court Rules 2011, rr 1.34, 1.35, 1.36, 3.05, 17.04, 35.13 and 35.14