Mercury International Investment Pty Ltd v Queensland One Homes Pty Ltd [2016] FCA 701

FEDERAL COURT OF AUSTRALIA

Mercury International Investment Pty Ltd v Queensland One Homes Pty Ltd [2016] FCA 701 File number: QUD 1113 of 2015

Judge: REEVES J

Date of judgment: 7 June 2016

Catchwords: PRACTICE AND PROCEDURE – winding up – application for extension of time pursuant to s 459R of the Corporations Act 2001 (Cth) – whether special circumstances justify the extension of time – whether the slip rule is applicable in the circumstances – consideration of s 459Q of the Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth)

Cases cited: Elyard Corp Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Flint v Richard Busuttil & Co Pty Ltd (2013) 216 FCR 375; [2013] FCAFC 131 Soil and Contracting Pty Ltd v Boban Pty Ltd [2014] WASC 402 Symes v Commonwealth (1987) 89 FLR 356

Date of hearing: 7 June 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Plaintiff: Mr D O'Connor

Solicitor for the Plaintiff: AHL Legal

Counsel for the Defendant: Mr L Copley

Solicitor for the Defendant: Kemp Strang Lawyers

ORDERS QUD 1113 of 2015

BETWEEN: MERCURY INTERNATIONAL INVESTMENT PTY LTD (ACN 130 136 060) Plaintiff

AND: QUEENSLAND ONE HOMES PTY LTD (ACN 138 109 485) Defendant

JUDGE: REEVES J DATE OF ORDER: 7 JUNE 2016

THE COURT ORDERS THAT:

1. The time prescribed by s 459(1) of the Corporations Act 2001 (Cth) be extended from and including 25 May 2016 until such time as the plaintiff's originating application, as amended on 22 January 2016, is finally determined by the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.