Federal Court of Australia
Federal Court of Australia
Nipps, in the matter of i-Prosperity Pty Ltd (in liq) [2023] FCA 1446 File number(s): VID 436 of 2023
Judgment of: BUTTON J
Date of judgment: 22 November 2023
Catchwords: CORPORATIONS – application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) –where liquidators sought extension in respect of some identified potential claims and also sought a "shelf order" in respect of yet-to-be-identified potential claims – application opposed by some interested parties – where interested parties sought to be carved out of the proposed extensions – where liquidators' evidence was that they "paused" progressing with claims against the objecting interested parties to prioritise other work – extensions granted in more limited terms
Legislation: Corporations Act 2001 (Cth) Pt 5.7B, ss 477, 588FF Federal Court of Australia Act 1976 (Cth) s 37AF
Cases cited: Arnautovic v Nichola [2009] NSWSC 233 Chin, Re Agatha Trading Pty Ltd (in liq) [2020] FCA 991 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489 BP Australia Ltd v Brown (2003) 58 NSWLR 322 Green v Chiswell Furniture Pty Ltd (in liq) [1999] NSWSC 608 Hird, Re Allmine Group Ltd (in liq) [2018] FCA 781 Kogan, Re Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Krejci, Re Half Price Enterprises Pty Ltd (in liq)[2021] FCA 805 Langdon, Re Phoenix Institute of Australia Pty Ltd [2021] FCA 180 Marsden v CVS Lane PV Pty Ltd (2018) 124 ACSR 100; [2018] FCA 102 Onefone Australia Pty Ltd v One Tel Ltd (2010) 78 ACSR 163; [2010] NSWSC 498 Parker, Re Worldwide Specialty Property Services Pty Ltd (in liq) v Worldwide Specialty Property Services Pty Ltd (in liq) [2017] FCA 687 Re Clarecastle Pty Ltd (in liq) (2011) 255 FLR 435; [2011] NSWSC 857 Walker v CBA Corporate Services (NSW) Pty Ltd (2012) 88 ACSR 153; [2012] FCA 328
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