Green v Chiswell Furniture [1999] NSWSC 608

New South Wales Supreme Court CITATION : Green v Chiswell Furniture [1999] NSWSC 608 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2092/99 HEARING DATE(S) : 27 April 1999, 23 June 1999 JUDGMENT DATE : 23 June 1999

Martin John Green (P) PARTIES : v Chiswell Furniture Pty Limited (In Liq) (D) JUDGMENT OF : Austin J

COUNSEL : F Gleeson (P) Ex parte SOLICITORS : Watson Mangioni (P) CATCHWORDS : Corporation - company - winding up - voidable transactions - action by liquidator under s 588FF - application for extension of time under s 588FF(3) - relevant considerations. ACTS CITED : Corporations Law ss 9, 513B, 513C, 588FE & 588FF DECISION : Extension of time for one year granted.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

AUSTIN J

WEDNESDAY 23 JUNE 1999

2092/99 - MARTIN JOHN GREEN V CHISWELL FURNITURE PTY LIMITED (IN LIQUIDATION)

JUDGMENT

1 HIS HONOUR: By summons filed on 22 April 1999, the plaintiff Mr Martin Green, the liquidator of the defendant company, sought an extension of time under s 588FF(3) of the Corporations Law within which to bring any application under s 588FF(1) in relation to any voidable transactions by the defendant within the meaning of s 588FE. The application for an extension of time was urgent because the three year limitation period expired, for reasons which appear below, on 1 May 1999. I therefore heard the application, ex parte, on 27 April 1999 and on the same day I made an order extending time under s 588FF(3) to 1 May 2000, on the basis that I would deliver my reasons for judgment later. I now do so. 2 The other relief sought in the Summons, namely that the company be wound up by order of the Court (ie converting the present creditors voluntary winding up into a Court winding up) could not be dealt with until after the relevant advertising requirements under the Supreme Court Rules had been complied with, and so on 27 April 1999 I stood the proceedings over for further hearing.