Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACN 104 635 369 Pty Ltd (in liq) (formerly Total Plant Services Pty Ltd) v Hamilton [2015] FCA 643 Citation: ACN 104 635 369 Pty Ltd (in liq) (formerly Total Plant Services Pty Ltd) v Hamilton [2015] FCA 643
Parties: ACN 104 635 369 PTY LTD (IN LIQ) (FORMERLY TOTAL PLANT SERVICES PTY LTD) v WILLIAM JAMES HAMILTON, STEVEN ARTHUR GLADMAN, CHRISTOPHER DAMIEN DARIN & GRAEME ROBERT BEATTIE, AJ AZZOPARDI INDUSTRIES PTY LTD (ACN 060 651 845) and AZBUILD PTY LTD (ACN 089 795 639)
File number: NSD 658 of 2014
Judge: GLEESON J
Date of judgment: 26 June 2015
Catchwords: PRACTICE AND PROCEDURE – application for extension of time for review of decision of Registrar – reasons for delay – prejudice – merits of the application – where no prejudice identified – where applicant not informed of Registrar's decision until two weeks after it was made – where delay relatively short – where applicant has an arguable case – extension of time granted in part
Legislation: Corporations Act 2001 (Cth), s 477(2A), 511(1)(a) Federal Court (Corporations) Rules 2000 (Cth), r 16.1 Federal Court of Australia Act 1976 (Cth), s 35A Federal Court Rules 2011 (Cth), r 17.1
Cases cited: ACN 104 635 369 (formerly known as Total Plant Services Pty Ltd) (in liquidation) v Combined Group Management Pty Ltd [2014] FCA 1402 Diab v McDonald (No 2) [2007] FCA 616 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Lemmen v Porcu [2013] FCA 1056 Lucic v Nolan (1982) 45 ALR 411
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