Owen, as liquidator of Cockatoo Crane Trucks Pty Ltd (in liq) v Hazlewood [2018] FCA 2123

The delay in filing was adequately explained, there was no demonstrated prejudice to the applicants, and the proposed cross-claim had sufficient merits. The extension of time was therefore justified.

Jurisdiction: Australia
Judgment Date: 13 December 2018
Procedural Posture: Interlocutory Application / Application for Extension of Time to File Cross Claim
Outcome: Extension of time granted
Legal Topics: ['extension of Time' 'cross Claim' 'corporate Insolvency']

['corporations Law'] ['extension of Time' 'cross Claim' 'corporate Insolvency']

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Procedural Posture

Interlocutory Application / Application for Extension of Time to File Cross Claim

Legal Issues

1 ['Whether there was an acceptable explanation for the delay in filing the notice of cross-claim' 'Whether there was any prejudice to the respondent due to delay' 'Whether the cross-claim had sufficient merit']

Ratio Decidendi

The delay in filing was adequately explained, there was no demonstrated prejudice to the applicants, and the proposed cross-claim had sufficient merits. The extension of time was therefore justified.

Court Disposition

Extension of time granted

Orders

['Pursuant to r 15.05 of the Federal Court Rules 2011 (Cth), the time fixed by r 15.04 for the respondent to file a notice of cross-claim be extended to 29 October 2018.' "The costs of and incidental to the respondent's interlocutory application filed 24 October 2018 are reserved."]