Pravenkav Group Pty Ltd v Diploma Construction (WA) Pty Ltd

[2013] WASCA 271

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time
4. › Filing of notice of intention
5. › Standing of respondent to bring interim application
6. › Rules of the Supreme Court 1971 (WA), O 3 r 5(1)
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 5, r 44(1)
1. Corporations
2. › Deregistration and reinstatement
3. › Validation of proceedings commenced during deregistration
4. › Effect on time limits for procedural steps
5. › Corporations Act 2001 (Cth), s 601AH(3)

Quick Take

Order 3 r 5(1) of the Rules of the Supreme Court 1971 (WA), read with r 5 of the Supreme Court (Court of Appeal) Rules 2005 (WA), confers power on the Court of Appeal to extend time for any 'person' required to do an act in proceedings, including a respondent — r 44(1) of the Court of Appeal Rules does not limit this power. Where a respondent is put in default by a validation order under s 601AH(3) of the Corporations Act 2001 (Cth), the situation should be regularised by extending time.