In the matter of ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd) [2021] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd) [2021] NSWSC 448 Hearing dates: 12 April 2021 Date of orders: 12 April 2021 Decision date: 29 April 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made pursuant to s 588FF(3)(b) extending the time for a claim in respect of voidable transactions to be brought by the liquidators. Catchwords: CORPORATIONS — Winding up — Voidable transactions — Application for orders under s 588FF Corporations Act 2001 (Cth) for an extension of the period within which an application may be brought against certain persons in respect of voidable transactions. Legislation Cited: - Corporations Act 2001 (Cth), s 588FF Cases Cited: - Agricultural & Rural Finance Pty Ltd v Kirk (2011) 82 ACSR 390; [2011] NSWCA 67 - Arnautovic v Nichola [2009] NSWSC 233 Bowcher (Liquidator); Re Meares Nominees Pty Ltd (In Liq) (2013) 98 ACSR 1; [2013] FCA 631 - BP Australia Ltd v Brown (2003) 58 NSWLR 322; [2003] NSWCA 216 - New Cap Reinsurance Corp v Reaseguros Alianza SA (2004) 186 FLR 175; [2004] NSWSC 787 - Re Clarecastle Pty Ltd (in liq) (2011) 85 ACSR 260; [2011] NSWSC 857 - Re Octaviar Ltd (recs and mgrs apptd) (in liq) (2012) 271 FLR 413; [2012] NSWSC 1460 - Re Plutus Payroll Australia Pty Ltd (in liq) [2020] NSWSC 1438 - Re Waterfront Investments Group Pty Ltd (in liq) [2013] NSWSC 1999 - Walker v CBA Corporate Services (NSW) Pty Ltd (2012) 88 ACSR 153; [2012] FCA 328 Category: Principal judgment Parties: Todd Andrew Gammel and Barry Anthony Taylor in their capacity as liquidator of ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd) (First Plaintiffs) ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd (Second Plaintiff) Enviro Technologies Pty Ltd (Defendant) Representation: Counsel: Mr H Somerville (Plaintiffs) Mr G Gee (Defendant)