High Court of Australia

Grant Samuel Corporate Finance Pty Limited v Fletcher [2015] HCA 8

JPMorgan Chase Bank, National Association v Fletcher

11 Mar 2015

Case Number: S228/2014 S229/2014

Before

French CJ, Hayne, Kiefel, Bell, Gageler, Keane JJ

Catchwords

Corporations – Winding up – Voidable transactions – Section 588FF(3) of Corporations Act 2001 (Cth) provided that application with respect to voidable transactions under s 588FF(1) "may only be made" during period set out in s 588FF(3)(a) or "within such longer period as the Court orders" on an application made by liquidator during par (a) period – On application made by liquidators after par (a) period had expired, Supreme Court made order under r 36. 16(2)(b) of Uniform Civil Procedure Rules 2005 (NSW) varying date by which liquidators could make application under s 588FF(1) – Whether UCPR could be utilised to extend time within which proceedings under s 588FF(1) could be brought – Whether s 588FF(3) "otherwise provided" within meaning of s 79(1) of Judiciary Act 1903 (Cth).

Words and phrases – "otherwise provided", "picked up".

Corporations Act 2001 (Cth) – s 588FF.

Judiciary Act 1903 (Cth) – s 79(1).

Uniform Civil Procedure Rules 2005 (NSW) – r 36. 16(2)(b).

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