Commercial Banking Co of Sydney Ltd v George Hudson Pty Ltd (In Liq) [1973] HCA 50

High Court of Australia Menzies, Walsh and Stephen JJ. Commercial Banking Co of Sydney Ltd v George Hudson Pty Ltd (In Liq) [1973] HCA 50

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 7 Menzies J.

Upon an application by the appellant (the bank) the Registrar of the Supreme Court of Queensland extended, until 7th February 1972, the time for the registration in Queensland of a mortgage debenture given to the bank on 7th September 1955 by George Hudson Pty. Limited (the company). This was done by virtue of s. 106 of The Companies Acts, 1961 to 1971 Q. and O. 65, r. 1A of the Rules of the Supreme Court of Queensland. These provisions are as follows:

106. Extension of time and rectification of register of charges. The Court, on being satisfied that the omission to register a charge (whether under this or any corresponding previous enactment) within the time required or that the omission or misstatement of any particular with respect to any such charge or in a memorandum of satisfaction was accidental or due to inadvertence or to some other sufficient cause or is not of a nature to prejudice the position of creditors or shareholders or that on other grounds it is just and equitable to grant relief, may on the application of the company or any person interested and on such terms and conditions as seem to the Court just and expedient order that the time for registration be extended or that the omission or mis-statement be rectified.

Order 65, r. 1A. A Registrar at Brisbane, Rockhampton, or Townsville may transact all such business and exercise all such authorities and jurisdiction in respect of the same as under any Act of the State of Queensland or Rule of Court thereunder may be transacted or exercised by a Judge in Chambers in respect of the following proceedings and matters when the same are unopposed: