Greig & Anor as liquidators of Australian Building Industries Pty Ltd (in liquidation) v Australian Building Industries Pty Ltd

[2002] QSC 138

Supreme Court of Queensland

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Interrogate

Catchwords

1. Corporations
2. › Liquidation
3. › Voidable transactions
4. › Preference claims
5. › Extension of time to bring proceedings
6. › Whether proposed defendant entitled to notice of application to extend time
7. › Whether order extending time should be set aside for denial of natural justice
8. › Corporations Act, s 588FF(1), s 588FF(3)
1. Administrative Law
2. › Natural justice
3. › Right to be heard
4. › Application to court affecting rights of identified person
5. › Whether ex parte application permissible
6. › Whether absence of statutory requirement for notice excludes natural justice obligation
1. Corporations
2. › Procedural irregularity
3. › Whether failure to give notice is a procedural irregularity
4. › Whether irregularity caused substantial injustice
5. › Corporations Act, s 1322
1. Practice and Procedure
2. › Setting aside orders
3. › Orders obtained ex parte
4. › Whether delay in applying to set aside disentitles applicant
5. › Whether right to set aside is unconditional

Quick Take

Liquidators applying under s 588FF(3) of the Corporations Act to extend time for preference claims must give notice to any proposed defendant who has been specifically identified, even though the Act does not expressly require it. An extension order obtained ex parte will be set aside as of right where the proposed defendant was known and not notified, regardless of delay in bringing the application to set aside. The failure to give notice is a procedural irregularity within s 1322 but of such fundamental character that the order must be set aside. Setting aside the extension order removes the foundation for any proceedings commenced within the extended time.