Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) [2020] FCA 1315

Federal Court of Australia

Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) [2020] FCA 1315 File number: SAD 235 of 2018

Judgment of: BESANKO J

Date of judgment: 16 September 2020

Catchwords: PRACTICE AND PROCEDURE — application to extend the time for the applicants to bring their interlocutory application pursuant to r 1.39 of the Federal Court Rules 2011 (Cth) — explanation for the delay provided by the applicants — whether applicants have an arguable case — where no specific prejudice to the respondent identified PRACTICE AND PROCEDURE — application to inspect affidavit in support of an application under Chapter 5, Part 5.9 of the Corporations Act 2001 (Cth) — whether affidavit filed in support of a summons for examination under s 596B of the Act — entitlement of a party considering a challenge to an order made ex parte to be given the material upon which the order was based — whether affidavit supports orders made under s 597(9) of the Act — whether affidavit protected under s 596C(2) of the Act

Legislation: Corporations Act 2001 (Cth) ss 596A, 596B, 596C, 597 Federal (Corporations Rules) 2000 (Cth) rr 1.10, 11.5 Federal Court Rules 2011 (Cth) r 1.39

Cases cited: Re Bell Group NV (in liq) [2016] FCA 851; (2016) 116 ACSR 294 Re BPTC Ltd (in liq) (No 5) (1993) 10 ACSR 756 Re Excel Finance Corp Ltd; Worthley v England (1994) 52 FCR 69; (1994) 34 ALD 85 Re South Pacific Energy Trading Pty Ltd (In Liq) (1996) 40 NSWLR 264 Re Stoliar; Australian Securities and Investments Commission v Karl Suleman Enterprises Pty Ltd (in liq) [2003] NSWSC 163; (2003) 44 ACSR 694