In the matter of William John Fletcher and Katherine Barnet as liquidators of Octaviar Ltd [2012] NSWSC 547

Supreme Court New South Wales

Medium Neutral Citation: In the matter of William John Fletcher and Katherine Barnet as liquidators of Octaviar Ltd [2012] NSWSC 547 Hearing dates: 30 March 2012 Decision date: 30 March 2012 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: The order of the Court made on 19 September 2011 is varied by adding after the words "3 April 2012" the following words, "Except in the case of any application against any of Octaviar Investment Notes Limited (In Liquidation) and Octaviar Investment Bonds Limited (In Liquidation) in respect of which the time for making any application under s 588 FF (1) of the Corporations Act 2001 (Cth) is extended to 3 April 2013 Catchwords: CORPORATIONS - Variation of orders under s 588FF(3)(b) Corporations Act 2001 (Cth) - preservation of ability of liquidators to pursue claims after completion of adjudications - application for extension of time under s 588FF(1) Corporations Act 2001 (Cth) - Rule 36.16 Uniform Civil Procedure Rules 2005 - Consent to variation of orders by parties who may be prejudiced Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: William John Fletcher and Katherine Elizabeth Barnet as Liquidators of Octaviar Limited (Receivers and Managers Appointed (In Liquidation) and Octaviar Administration Pty Ltd (In Liquidation) - First Plaintiffs Octaviar Limited (Receivers and Managers Appointed (In Liquidation) - Second Plaintiff Octaviar Administration Pty Ltd (In Liquidation) - Third Plaintiff Representation: Counsel: P. Dowdy - Plaintiffs Solicitors: Henry Davis York - Plaintiffs File Number(s): 2011/153330