Federal Court of Australia
Federal Court of Australia
Calabretta, in the matter of Provest 684 Pty Ltd (in liquidation) [2024] FCA 128 File number(s): NSD 1568 of 2023
Judgment of: HALLEY J
Date of judgment: 23 February 2024
Catchwords: CORPORATIONS – order sought under s 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) to extend time for making application under s 588FF(1) of the Act with respect to voidable transactions – delay largely attributable to lack of cooperation from company and its former officers – liquidator taken significant steps to progress potential recoveries from voidable transactions – does not appear to be any likely prejudice – orders made.
Legislation: Corporations Act 2001 (Cth) s 588FF
Cases cited: Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2023] FCA 192 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489; [2015] HCA 10 Parker, in the matter of Worldwide Speciality Property Services Pty Limited (in liq) v Worldwide Speciality Property Services Pty Limited (in liq) [2017] FCA 687 Re Cohalan & Mitchell Roofing (in liq) [2020] VSC 222
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of last submission/s: 21 February 2024
Date of hearing: Determined on the papers
Counsel for the plaintiff: Mr J Pokoney
Solicitor for the plaintiff: Deutsch Partners
ORDERS NSD 1568 of 2023 IN THE MATTER OF DOMENICO ALESSANDRO CALABRETTA IN HIS CAPACITY AS LIQUIDATOR OF PROVEST 684 PTY LTD (IN LIQUIDATION) (ACN 633 799 998) DOMENICO ALESSANDRO CALABRETTA IN HIS CAPACITY AS LIQUIDATOR OF PROVEST 684 PTY LTD (IN LIQUIDATION) (ACN 633 799 998) Plaintiff
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