In the matter of ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd) [2021] NSWSC 448

In the matter of ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd) [2021] NSWSC 448

Granting the extension was fair and just in light of the liquidators' explanations for delay, complexity of liquidation, lack of records, limited funding, and absence of significant prejudice to the defendant by a relatively short extension, enabling liquidators to fully investigate and potentially bring proceedings for voidable transactions.

Parties
First Plaintiff (liquidator of ACN 130 590 957 Pty Ltd): Todd Andrew Gammel; First Plaintiff (liquidator of ACN 130 590 957 Pty Ltd): Barry Anthony Taylor; Second Plaintiff: ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd); Defendant: Enviro Technologies Pty Ltd
Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Corporations – Equity Proceedings / Interlocutory Application for Extension of Time to Bring Voidable Transaction Claims
Outcome
Application granted
Legal Topics
Winding Up, Voidable Transactions, Extension of Time, Liquidator's Claims
Corporations Winding Up Voidable Transactions Extension of Time Liquidator's Claims

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Parties

Todd Andrew Gammel

First Plaintiff (liquidator of ACN 130 590 957 Pty Ltd)

Barry Anthony Taylor

First Plaintiff (liquidator of ACN 130 590 957 Pty Ltd)

ACN 130 590 957 Pty Ltd (in liquidation) (formerly known as All Filtration Technologies Australia Pty Ltd)

Second Plaintiff

Enviro Technologies Pty Ltd

Defendant

Procedural Posture

Corporations – Equity Proceedings / Interlocutory Application for Extension of Time to Bring Voidable Transaction Claims

Legal Issues

  1. 1 Whether it is just and fair to grant an extension of time under s 588FF(3)(b) Corporations Act 2001 (Cth) for liquidators to bring proceedings in respect of voidable transactions

Ratio Decidendi

Granting the extension was fair and just in light of the liquidators' explanations for delay, complexity of liquidation, lack of records, limited funding, and absence of significant prejudice to the defendant by a relatively short extension, enabling liquidators to fully investigate and potentially bring proceedings for voidable transactions.

Court Disposition

Application granted

Orders

  • Extension of time for liquidators to bring proceedings in respect of voidable transactions under s 588FF(3)(b) Corporations Act 2001 (Cth)