In the Matter of Kisoro Pty Ltd Hamilton, William James & Anor v National Australia Bank Ltd & Anor [1996] FCA 373

In the Matter of Kisoro Pty Ltd Hamilton, William James & Anor v National Australia Bank Ltd & Anor [1996] FCA 373

The motion to amend was refused because the proposed amendments were made too late, after the close of the hearing and reservation of judgment, and would involve substantial changes requiring further argument and potentially result in a deed different in substance from that voted on by the creditors.

Jurisdiction
Australia
Judgment Date
23 April 1996
Procedural Posture
Corporations Matter Application in Administration / Motion for Leave to Amend Application After Hearing Concluded; Orders Made
Outcome
Motion to amend the application dismissed; costs reserved; order made under s 444B(2) fixing execution period for deed of company arrangement.
Legal Topics
['amendment of Applications' 'deed of Company Arrangement' 'powers Under S 447 a Corporations Law']
['corporations Law' 'civil Procedure'] ['amendment of Applications' 'deed of Company Arrangement' 'powers Under S 447 a Corporations Law']

Case Brief

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Procedural Posture

Corporations Matter Application in Administration / Motion for Leave to Amend Application After Hearing Concluded; Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application after the conclusion of the hearing and reservation of judgment' 'Whether proposed amendments would result in a deed substantially different from that approved by creditors' "Extent and relevance of court's power under s 447A of the Corporations Law to amend a deed approved by creditors"]

Ratio Decidendi

The motion to amend was refused because the proposed amendments were made too late, after the close of the hearing and reservation of judgment, and would involve substantial changes requiring further argument and potentially result in a deed different in substance from that voted on by the creditors.

Court Disposition

Motion to amend the application dismissed; costs reserved; order made under s 444B(2) fixing execution period for deed of company arrangement.

Orders

  • ['The motion to amend the application is dismissed.' 'Costs are reserved.' 'Under s 444B(2) of the Corporations Law, the period within which the deed of company arrangement is to be executed expires at 5:00 pm on 10 May 1996.']