Marsden (liquidator) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (in liq) (receiver and manager appointed) (controller appointed) [2018] FCA 102

FEDERAL COURT OF AUSTRALIA

Marsden (liquidator) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (in liq) (receiver and manager appointed) (controller appointed) [2018] FCA 102 File number: NSD 1243 of 2017

Judge: GLEESON J

Date of judgment: 2 February 2018 and 16 February 2018

Date of publication of reasons: 16 February 2018

Catchwords: CORPORATIONS – whether to grant order extending time for application to void transactions under s 588FF(3) of the Corporations Act 2001 (Cth) ("the Act") – order granted as fair and just to do so in all the circumstances, taking into account the reasons for the delay, merits of the foreshadowed proceeding, and no particular prejudice caused by the extension – whether to grant application for reinstatement of company registration under s 601AH(2) of the Act – application denied as not satisfied that reinstatement just in circumstances

Legislation: Corporations Act 2001 (Cth) ss 545, 588FF(3)

Cases cited: BP Australia Ltd v Brown [2003] NSWCA 216; (2013) 58 NSWLR 322 Callegher v Australian Securities and Investments Commission [2007] FCA 482; (2007) 218 FCR 1 CGU Workers Compensation (NSW) Ltd v Rockwall Interiors Pty Ltd [2006] NSWSC 690; (2006) 201 FLR 296 Deputy Commissioner of Taxation; re James Hardie Australia Finance Pty Ltd (Deregistered) [2008] FCA 1181; (2008) 170 FCR 545 Re ERB International (Deregistered) [2014] NSWSC 800 Francis v Bratovich [2008] WASC 242 Green v Chiswell Furniture Pty Ltd (in liq) [1999] NSWSC 608 Itek Graphics Pty Ltd v Elliott (2001) 54 NSWLR 207 New Cap Reinsurance v Reaseguros Alianza SA [2004] NSWSC 787; (2004) 186 FLR 175 Newfront Pty Ltd (Deregistered) [2008] SASC 127 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 268; (2007) 61 ACSR 429 Parker, in the matter of Worldwide Specialty Property Services Pty Limited (in liq) v Worldwide Specialty Property Services Pty Limited (in liq) [2017] FCA 687 Taylor v Woden Constructions Pty Ltd [1998] FCA 1228 Universal Financial Group Pty Ltd v Mortgage Elimination Services Pty Ltd (in liq) [2006] NSWSC 1132; (2006) 205 FLR 186 Walker and Moloney v CBA Corporate Services (NSW) Pty Limited [2012] FCA 328 WorkCover Authority (NSW) v Picton Truck & Trailer Repairs Pty Ltd [2004] NSWCA 371; (2004) 51 ACSR 102