Re Aura Commercial Interiors [2002] NSWSC 380

Re Aura Commercial Interiors [2002] NSWSC 380

Section 1322(4)(d) is available to extend the period within which a liquidator may seek an extension under s.588FF(3)(b), and the deed administrator is an 'interested person' with standing to apply. No substantial injustice will be caused by making the order sought.

Parties
First Plaintiff (deed Administrator): John Howard Mann; Second Plaintiff: Aura Commercial Interiors Pty Limited (subject to deed of company arrangement); First Defendant: Graham Holdaway; Second Defendant: James Desmond Dockery; Third Defendant: Aura Project Interiors Pty Limited; Fourth Defendant: Penndove Pty Limited; Fifth Defendant: Geoffrey Victor James Gage
Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Corporations Application Under Corporations Act / Application for Extension of Time Under S.1322(4)(d)
Outcome
Order extending time granted
Legal Topics
Winding Up, Voidable Transactions, Extension of Time, Deed of Company Arrangement
Corporations Law Winding Up Voidable Transactions Extension of Time Deed of Company Arrangement

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Parties

John Howard Mann

First Plaintiff (deed Administrator)

Aura Commercial Interiors Pty Limited (subject to deed of company arrangement)

Second Plaintiff

Graham Holdaway

First Defendant

James Desmond Dockery

Second Defendant

Aura Project Interiors Pty Limited

Third Defendant

Penndove Pty Limited

Fourth Defendant

Geoffrey Victor James Gage

Fifth Defendant

Procedural Posture

Corporations Application Under Corporations Act / Application for Extension of Time Under S.1322(4)(d)

Legal Issues

  1. 1 Whether the Court can extend under s.1322(4)(d) the period in which a liquidator may apply for further extension under s.588FF(3)(b) of the Corporations Act 2001
  2. 2 Whether the plaintiff deed administrator is an 'interested person' and entitled to make the application
  3. 3 Whether extension will cause substantial injustice to any person

Ratio Decidendi

Section 1322(4)(d) is available to extend the period within which a liquidator may seek an extension under s.588FF(3)(b), and the deed administrator is an 'interested person' with standing to apply. No substantial injustice will be caused by making the order sought.

Court Disposition

Order extending time granted

Orders

  • Time within which any liquidator appointed to the company may bring an application seeking to extend time pursuant to s.588FF(3)(b) is extended to 20 April 2003.
  • Plaintiff to serve copy of order on three relevant defendants and ASIC, and publish notification in The Sydney Morning Herald and NSW Government Gazette.