Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq), in the matter of Trading Australia Pty Ltd (in liq) [2020] FCA 163 File number: NSD 1294 of 2019
Judge: PERRAM J
Date of judgment: 6 February 2020
Date of publication of reasons: 21 February 2020
Catchwords: CORPORATIONS – application for extension of time to review decision of Registrar to wind up company – where company wound up on failure to comply with a statutory demand – where company and applicant director failed to appear at hearing of winding up application and sought review of winding up order nine days out of time – where extension of time dependent on reasons for delay and prospects of success of review application – consideration of reasons (if any) for failure to appear before Registrar and lodge review application within time – whether to grant leave under Corporations Act 2001 (Cth) s 459(2) to raise a ground against winding up application not raised against statutory demand – whether debt subject of statutory demand material to solvency – where other significant debts owed by company – effect of presumption of insolvency under s 459C PRACTICE AND PROCEDURE – where application made by non-party director of company – consideration of residual standing of director of a company in liquidation to challenge a winding up order – where application phrased as one for review of Registrar's failure to consider documents uploaded to electronic court file at hearing of winding up application – whether to construe application as one for review of winding up order
Legislation: Corporations Act 2001 (Cth) ss 95A, 459C, 459P, 459S Federal Court of Australia Act 1976 (Cth) s 35A Federal Court (Corporations) Rules 2000 (Cth) rr 5.5, 6.1 Federal Court Rules 2011 (Cth) rr 1.39, 3.11 Legal Profession Uniform Law Application Act 2014 (NSW) s 70 Uniform Civil Procedure Rules 2005 (NSW) rr 36.10, 36.11, 42.7
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