Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361

Federal Court of Australia

Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361 File number: NSD 377 of 2023

Judgment of: KENNETT J

Date of judgment: 12 April 2024

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal and strike-out of cause of action – where application turns solely on a question of law – where question of law has previously been answered in a single-judge interlocutory decision of a superior court – where applicants contend that decision is plainly wrong – whether question of law should be decided at the final hearing STATUTORY INTERPRETATION – whether limitation period in s 1317K of Corporations Act 2001 (Cth) (Act) may be extended by s 1322(4)(d) – whether limitation period has jurisdictional character with respect to the cause of action conferred by s 1317H STATUTORY INTERPRETATION – relevance of extrinsic materials to discerning legislative intention of amending legislation

Legislation: Corporate Law Economic Reform Program Act 1999 (Cth) Corporate Law Reform Act 1992 (Cth) Corporations Act 2001 (Cth) ss 180, 181, 182, 588FF, 962P, 1317E, 1317F, 1317G, 1317H, 1317HA, 1317HB, 1317J, 1317K, 1655, 1657 Corporations Act 1989 (Cth) (repealed) ss 232, 459G, 1317DA, 1317EA, 1317EB, 1317EC, 1317GF, 1317HA, 1317HD, 1317HE, 1322 Federal Court of Australia Act 1976 (Cth) s 31A Trade Practices Act 1974 (Cth) (repealed) s 82 Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (Cth) sch 1 Federal Court Rules 2011 (Cth) rr 26.01, 30.01 Corporate Law Economic Reform Program Bill Explanatory Memorandum 1998 (Cth) Corporate Law Reform Bill (No 2) Explanatory Memorandum 1992 (Cth) Corporations Law (Vic) ss 459C, 459F, 459G, 1322