AMP Henderson Global Investors Ltd [2003] FCA 1631

AMP Henderson Global Investors Ltd [2003] FCA 1631

The failure to lodge was accidental or inadvertent, threshold for extension satisfied, financial position is sound, predominant creditor notified and charge publicly known; thus, discretion exercised to extend time and ex parte proceedings are not inappropriate in this case.

Parties
Plaintiff: Goldman Sachs International; Chargor: AMP Henderson Global Investors Limited (as trustee for the Australian Equity Market Neutral Fund)
Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Application / Final Determination
Outcome
Application granted
Legal Topics
Ex Parte Applications, Extension of Time for Lodgement of Charge Notice
Corporations Law Ex Parte Applications Extension of Time for Lodgement of Charge Notice

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Parties

Goldman Sachs International

Plaintiff

AMP Henderson Global Investors Limited (as trustee for the Australian Equity Market Neutral Fund)

Chargor

Procedural Posture

Application / Final Determination

Legal Issues

  1. 1 Whether time for lodgement of a notice in respect of a charge under s 266(4) of Corporations Act 2001 (Cth) should be extended
  2. 2 Whether it is appropriate for the application to be made ex parte

Ratio Decidendi

The failure to lodge was accidental or inadvertent, threshold for extension satisfied, financial position is sound, predominant creditor notified and charge publicly known; thus, discretion exercised to extend time and ex parte proceedings are not inappropriate in this case.

Court Disposition

Application granted

Orders

  • The time within which AMP Global Investors Limited must lodge a notice pursuant to section 263(1) of the Corporations Act 2001 (Cth) in respect of the charge granted to Goldman Sachs International dated 12 June 2003 is extended to 5.00 pm on 1 August 2003.