Perpetual Trustee Company Limited, in the matter of Perpetual Trustee Company Limited [2010] FCA 357

Perpetual Trustee Company Limited, in the matter of Perpetual Trustee Company Limited [2010] FCA 357

The failure to lodge the s 264 notice was accidental or due to inadvertence, and the failure does not prejudice creditors. Therefore, in the circumstances, it is appropriate to grant the extension of time sought under s 266(4).

Parties
Plaintiff: Perpetual Trustee Company Limited
Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Application / Judgment
Outcome
Application granted
Legal Topics
Extension of Time to Lodge Charge Notice, Corporations Act 2001 (cth) Compliance
Corporations Law Trusts and Equity Extension of Time to Lodge Charge Notice Corporations Act 2001 (cth) Compliance

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Parties

Perpetual Trustee Company Limited

Plaintiff

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the time for lodgement of a notice under s 264 of the Corporations Act 2001 (Cth) should be extended in relation to the acquisition of property subject to a charge

Ratio Decidendi

The failure to lodge the s 264 notice was accidental or due to inadvertence, and the failure does not prejudice creditors. Therefore, in the circumstances, it is appropriate to grant the extension of time sought under s 266(4).

Court Disposition

Application granted

Orders

  • The time for lodgement of a notice pursuant to section 264(1) of the Corporations Act 2001 (Cth) in respect of the acquisition on 14 March 2005 by Perpetual Trustee Company Limited of property subject to the charge created by clause 3 of the Security Trust Deed dated 21 June 2000 in respect of the HBS Trust No. 1,...
  • These orders be entered forthwith.