Greig & Duff as Liquidators of Australian Building Industries P/L (in liq) v Australian Building Industries P/L (in liq) & Anor; Greig & Duff as Liquidators of Australian Building Industries P/L (in liq) v Stramit Corporation P/L & Anor

[2003] QCA 298

Queensland Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Conduct and incidents of liquidation
4. › Voidable transactions
5. › Unfair preferences
6. › Extension of time to commence proceedings
7. › Whether ex parte order extending time should be set aside for denial of natural justice to known affected creditor
8. › Whether audi alteram partem rule applies to applications under s 588FF(3)(b)
9. › Corporations Act 2001 (Cth), ss 588FA, 588FE, 588FF
1. Corporations
2. › Winding up
3. › Conduct and incidents of liquidation
4. › Voidable transactions
5. › Extension of time
6. › Whether s 1322(4)(d) of the Corporations Act can extend time for making application under s 588FF(3)(b)
7. › Whether expression 'may only be made' in s 588FF(3) excludes operation of s 1322(4)(d)
8. › Corporations Act 2001 (Cth), ss 588FF(3), 1322(4)(d)
1. Practice and Procedure
2. › Parties
3. › Joinder after expiry of limitation period
4. › Whether party may be added to application under s 588FF(3) after limitation period expired
5. › Whether general power of amendment permits extension of time limited by Corporations Act
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 69, 74
7. › Supreme Court of Queensland Act 1991 (Qld), s 81
1. Administrative Law
2. › Natural justice
3. › Audi alteram partem
4. › Ex parte orders
5. › Right to have order set aside where party denied opportunity to be heard
6. › Whether entitlement to set aside is as of right or discretionary
7. › Whether s 1322(2) of Corporations Act abolishes common law rule

Quick Take

Liquidators seeking extensions of time under s 588FF(3)(b) must give notice to all creditors known to be affected by the application; ex parte blanket orders will be set aside as of right for denial of natural justice. The majority held s 1322(4)(d) cannot extend the time for making applications under s 588FF(3)(b), though this was a 2-1 split with a strong dissent. The general power of amendment under state procedural rules cannot be used to circumvent the time limits in the Corporations Act for commencing preference recovery proceedings.