Brown v DML Resources (No.6) [2002] NSWSC 6

Brown v DML Resources (No.6) [2002] NSWSC 6

Section 1322(4)(d) of the Corporations Act is available to permit the Court to extend, up to the date of joinder, the period within which an application under s 588FF(3)(b) may be made against BP Australia Ltd, overcoming the interaction of statutory time limits and Supreme Court Rules. The legislative scheme does not preclude such curative orders in the context of voidable transactions, and no substantial injustice arises to other parties from this extension.

Jurisdiction
Australia
Judgment Date
23 January 2002
Procedural Posture
Application Under the Corporations Act / Interlocutory Application for Extension of Time and Joinder
Outcome
Application granted
Legal Topics
['voidable Transactions' 'extension of Limitation Period' 'joinder of Parties' 'procedural Irregularities']
['corporations Law' 'insolvency'] ['voidable Transactions' 'extension of Limitation Period' 'joinder of Parties' 'procedural Irregularities']

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Procedural Posture

Application Under the Corporations Act / Interlocutory Application for Extension of Time and Joinder

Legal Issues

  1. 1 ['Is s 1322 of the Corporations Act available to cure late joinder and extension applications under s 588FF(3)(b)?' 'Does s 1322(4)(d) permit extension after the statutory period expired?' 'Is procedural fairness required prior to extension orders in voidable transaction applications?']

Ratio Decidendi

Section 1322(4)(d) of the Corporations Act is available to permit the Court to extend, up to the date of joinder, the period within which an application under s 588FF(3)(b) may be made against BP Australia Ltd, overcoming the interaction of statutory time limits and Supreme Court Rules. The legislative scheme does not preclude such curative orders in the context of voidable transactions, and no substantial injustice arises to other parties from this extension.

Court Disposition

Application granted

Orders

  • ['Leave granted under Pt 8 r 8 Supreme Court Rules to join BP Australia Ltd as a defendant to the proceeding.' 'Extension made under s 1322(4)(d), so period for application under s 588FF(3)(b) is extended up to date of order for joinder for BP Australia Ltd.']