Deppeler, in the matter of Deppeler [2017] FCA 768

Deppeler, in the matter of Deppeler [2017] FCA 768

The Court granted an extension of time for each plaintiff to apply to ASIC for renewal of registration as a liquidator because the plaintiffs acted promptly upon discovering the expiry, provided an acceptable explanation, and there was no identifiable prejudice from the extension. The Court declined to make substantive orders validating actions taken during the period of non-registration, expressing doubt as to its power under s 45-1 until registration was renewed.

Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Corporations – Application for Extension of Time / Interlocutory Application – Orders on Urgent Application
Outcome
Extension of time to renew registrations granted. Further applications adjourned. Costs reserved.
Legal Topics
['extension of Time for Renewal of Liquidator Registration' 'validity of Actions by Unregistered Liquidators During Expired Period']
['corporations Law' 'insolvency'] ['extension of Time for Renewal of Liquidator Registration' 'validity of Actions by Unregistered Liquidators During Expired Period']

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Procedural Posture

Corporations – Application for Extension of Time / Interlocutory Application – Orders on Urgent Application

Legal Issues

  1. 1 ['Whether the Court should extend time for the plaintiffs to apply to ASIC to have their registration as liquidators renewed under Corporations Act 2001 (Cth), Sch 2, s 20-70(2)' 'Whether the Court has power to validate actions taken by the plaintiffs as liquidators or administrators during the period after expiry of registration but before renewal']

Ratio Decidendi

The Court granted an extension of time for each plaintiff to apply to ASIC for renewal of registration as a liquidator because the plaintiffs acted promptly upon discovering the expiry, provided an acceptable explanation, and there was no identifiable prejudice from the extension. The Court declined to make substantive orders validating actions taken during the period of non-registration, expressing doubt as to its power under s 45-1 until registration was renewed.

Court Disposition

Extension of time to renew registrations granted. Further applications adjourned. Costs reserved.

Orders

  • ['Time for applications to ASIC for renewal of registration as liquidator extended to 4:30 pm on 12 July 2017 for both plaintiffs.' 'Proceedings adjourned to a date to be fixed.' 'Costs reserved.' 'Liberty to apply.']