In the matters of Octaviar Ltd (recs and mgrs apptd)(in liq) and Octaviar Administration Pty Ltd (in liq) [2011] NSWSC 1691

Supreme Court New South Wales

Medium Neutral Citation: In the matters of Octaviar Ltd (recs and mgrs apptd)(in liq) and Octaviar Administration Pty Ltd (in liq) [2011] NSWSC 1691 Hearing dates: 19 September 2011 Decision date: 19 September 2011 Jurisdiction: Equity Division - Corporations List Before: Ward J Decision: Extension of time granted re: making an application under s 588FF(1) Corporations Act and variation of earlier order for extension Catchwords: CORPORATIONS - s 588FF Corporations Act - application by liquidator to extend time for making an application under s 588FF(1) in relation to two companies - where cause of delay due to complexity of companies' affairs - where entities identified as involved in the transaction of the proposed application had been notified and did not oppose the application - where an extension had already been granted in relation to one company but no previous application in relation to the other - HELD - application granted and in respect of earlier extension order which had been made (and not expired), variation made to earlier order Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arnautovic v Nichola [2009] NSWSC 233 Australian Securities and Investments Commission v Karl Suleman Enterprises Pty Ltd (in liq) [2004] NSWSC 1244; (2004) 52 ACSR 103 BP Australia v Brown (2003) 58 NSWLR 322 New Cap Reinsurance [2004] NSWSC 787 Nicholson v Nicholson (1974) 2 NSWLR 59 Re Clarecastle Pty Ltd (in liq) [2011] NSWSC 857 Scott v Casual Life Furniture International Ltd (2005) 56 ACSR 218 Texts Cited: N/A Category: Interlocutory applications Parties: William John Fletcher and Katherine Elizabeth Barnet as joint and several liquidators of Octaviar Ltd (Receivers and Managers Appointed)(in liquidation) and Octaviar Administration Pty Ltd (in liquidation) (First Plaintiffs) Octaviar Ltd (Receivers and Managers Appointed)(in liquidation) (Second Plaintiff) Octaviar Administration Pty Ltd (in liquidation) (Third Plaintiff) Representation: Counsel: B A Coles QC with P Dowdy (Plaintiffs) Solicitors: Henry Davis York (Plaintiffs) File Number(s): 11/153330