Langdon (Liquidator), in the matter of Phoenix Institute of Australia Pty Ltd (in liq) [2021] FCA 180

Federal Court of Australia

Langdon (Liquidator), in the matter of Phoenix Institute of Australia Pty Ltd (in liq) [2021] FCA 180 File number: NSD 1329 of 2020

Judgment of: MARKOVIC J

Date of judgment: 22 February 2021

Date of publication of reasons 9 March 2021

Catchwords: CORPORATIONS – application for extension of time pursuant to s 588(3)(b) of the Corporations Act 2001 (Cth) (Act) – where further investigations necessary to identify and consider merits of potential voidable transactions –where no evidence of delay on the part of the additional liquidators – where public examinations scheduled to commence shortly to complete investigations – where minimal prejudice caused by the extension of time – where extension sought is not lengthy – whether to extend time pursuant to s 588FF(3)(b) of the Act – application allowed

Legislation: Corporations Act 2001 (Cth) s 588FF Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG

Cases cited: Commonwealth of Australia (Department of Education, Skills and Employment) v Phoenix Institute of Australia Pty Ltd (in liq) [2020] FCA 937 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489 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) 124 ACSR 100; [2018] FCA 102

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 35