Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 127

FEDERAL COURT OF AUSTRALIA

Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 127 Appeal from: Application for leave to appeal: Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 12

File number(s): WAD 21 of 2017

Judge(s): SIOPIS J

Date of judgment: 9 February 2017

Catchwords: CORPORATIONS – statutory demand – application to extend time for compliance with a statutory demand pending hearing of an application for leave to appeal.

Date of hearing: 9 February 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Applicant: Dr JT Schoombee

Solicitor for the Applicant: Mr A Rumsley

Counsel for the Respondent: Ms CA Petersen

Solicitor for the Respondent: Lavan

ORDERS WAD 21 of 2017

BETWEEN: GUCCE HOLDINGS PTY LTD (ACN 099 191 714) Applicant

AND: BANK OF QUEENSLAND LIMITED Respondent

JUDGE: SIOPIS J DATE OF ORDER: 9 FEBRUARY 2017

THE COURT ORDERS THAT:

1. The time for compliance with the statutory demand dated 16 December 2015, be extended pending determination of the application for leave to appeal. 2. By 13 February 2017, the applicant is to file and serve any amended grounds of appeal and any further affidavit evidence. 3. By 20 February 2017, the respondent is to file and serve any affidavit evidence in response. 4. By 3 March 2017, the applicant is to file and serve its submissions. 5. By 10 March 2017, the respondent is to file and serve its submissions. 6. The application be listed at 10.15 am on Friday, 17 March 2017. 7. The costs of today are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.