McGrath & Ors v National Indemnity Company [2004] NSWSC 391

McGrath & Ors v National Indemnity Company [2004] NSWSC 391

Extension order under s.588FF(3)(b) may be made where the application was filed within three years following the relation-back day, and formal amendments adding the defendant and procedural compliance are considered as operating from the time of initial filing; procedural requirements regarding service and leave to proceed were met; defendant's non-opposition does not waive jurisdictional objections.

Jurisdiction
Australia
Judgment Date
11 May 2004
Procedural Posture
Corporations/winding Up/voidable Transaction Extension / Application for Extension of Time Under S.588 Ff(3)(b), Leave to Proceed
Outcome
Leave to proceed granted; order extending time for liquidators' application.
Legal Topics
['winding Up' 'voidable Transactions' 'extension of Statutory Time' 'service on Foreign Defendant' 'procedural Fairness']
['corporations Law' 'civil Procedure' 'equity'] ['winding Up' 'voidable Transactions' 'extension of Statutory Time' 'service on Foreign Defendant' 'procedural Fairness']

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Procedural Posture

Corporations/winding Up/voidable Transaction Extension / Application for Extension of Time Under S.588 Ff(3)(b), Leave to Proceed

Legal Issues

  1. 1 ['Whether the court should grant an extension of time for liquidators to apply under s.588FF(1) with respect to transactions with a foreign company' 'Whether procedural rules regarding service and leave to proceed are satisfied' 'Whether the extension order can be made when the application was filed before, but amended after, expiry of the statutory period']

Ratio Decidendi

Extension order under s.588FF(3)(b) may be made where the application was filed within three years following the relation-back day, and formal amendments adding the defendant and procedural compliance are considered as operating from the time of initial filing; procedural requirements regarding service and leave to proceed were met; defendant's non-opposition does not waive jurisdictional objections.

Court Disposition

Leave to proceed granted; order extending time for liquidators' application.

Orders

  • ['Leave granted under Part 10 rule 2(1) to proceed against the defendant under the amended originating process.' 'Order pursuant to s.588FF(3)(b) of the Corporations Act 2001 that any application under s.588FF(1) by the liquidator or liquidators of any one or more of the second to nineteenth plaintiffs in respect of...