Richard Walter Pty Limited (in liquidation): ex parte Gregory Winfield Hall [1999] NSWSC 1179

Richard Walter Pty Limited (in liquidation): ex parte Gregory Winfield Hall [1999] NSWSC 1179

Given the liquidator has not completed investigations and no prejudice will result to other parties, an extension of time is justified to allow proper examination of potential voidable transactions, with orders made to notify potential defendants when ascertained.

Parties
Plaintiff: Gregory Winfield Hall; Company: Richard Walter Pty Limited (in liquidation)
Jurisdiction
Australia
Judgment Date
18 November 1999
Procedural Posture
Application / Extension of Time Application
Outcome
Extension of time granted
Legal Topics
Liquidator's Extension of Time, Voidable Transactions, Corporations Law S588 Ff(3)(b)
Corporations Liquidator's Extension of Time Voidable Transactions Corporations Law S588 Ff(3)(b)

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Parties

Gregory Winfield Hall

Plaintiff

Richard Walter Pty Limited (in liquidation)

Company

Procedural Posture

Application / Extension of Time Application

Legal Issues

  1. 1 Whether an extension of time should be granted to the liquidator to commence proceedings in respect of a voidable transaction under s588FF(3)(b) of the Corporations Law

Ratio Decidendi

Given the liquidator has not completed investigations and no prejudice will result to other parties, an extension of time is justified to allow proper examination of potential voidable transactions, with orders made to notify potential defendants when ascertained.

Court Disposition

Extension of time granted

Orders

  • Time for the applicant liquidator to commence proceedings pursuant to Part 5.7B of the Corporations Law extended to the earlier of 20 November 2000 or three months after determination of the Federal Court appeals NG 344/1999 and NG 339/1999
  • Liberty to apply to the applicant and any person affected by Order 1