The general power to extend time under O 3 r 5 of the Rules of the Supreme Court 1971 (WA) applies to O 63A r 3(1), which is distinguishable from O 63A r 5(2). A director who uses knowledge of a tender price submitted on behalf of the company to submit a competing tender at a lower price breaches fiduciary duties, and the obligation not to use confidential information survives cessation of the directorship. On an application to set aside default judgment, the onus is on the applicant to establish that the original tender would not have been accepted.
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