Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donnellon Childcare Holdings Pty Limited (in liq), in the matter of Donnellon Childcare Holdings Pty Limited (in liq) v Donnellon [2020] FCA 1003 File number: NSD 351 of 2019
Judge: REEVES J
Date of judgment: 15 July 2020
Catchwords: CORPORATIONS – application by a liquidator under s 588FF(3)(b) of the Corporations Act 2001 (Cth) to extend the time to commence proceedings – where there was significant delay in commencing proceedings – whether there is a sufficient explanation for the delay – whether the proposed claim is so devoid of merit that it would be unfair to allow the extension – whether any likely prejudice would be suffered if the extension were allowed – application granted
Legislation: Corporations Act 2001 (Cth)
Cases cited: BP Australia Ltd v Brown (2003) 58 NSWLR 322; [2003] NSWCA 216 Carter (Liquidator), in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2019] FCA 2076 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489; [2015] HCA 10 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 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 Walker and Maloney v CBA Corporate Services (NSW) Pty Limited (2012) 88 ACSR 153; [2012] FCA 328
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