Lorain Ronda McElligott v Peter Gerard Boyce

Link copied
Case Copied 1 min read

LORAIN RONDA MCELLIGOTT

v

PETER GERARD BOYCE & ORS

[2012] HCASL 65
B10/2012

  1. The applicant was the sole director of and shareholder in Westwood Enterprises (Qld) Pty Ltd which, by order of the Supreme Court of Queensland made on 14 October 2009, was to be wound up by the Court in insolvency under the Corporations Act 2001 (Cth).

  2. In December 2010 the applicant applied to the Court of Appeal for an extension of time within which to file a notice of appeal against the winding up order.  The Court of Appeal (Muir, Chesterman and White JJA) refused the application for an extension of time to appeal against the winding up order.

  3. No reason is shown to doubt the correctness of the conclusions of the Court of Appeal.

  4. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 May 2012 		S.M. Crennan
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Lorain Ronda McElligott v Peter Gerard Boyce and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2012] HCASL 65
Decision Date

CaseChat Overview and Summary

Lorain Ronda McElligott, the sole director and shareholder of Westwood Enterprises (Qld) Pty Ltd, sought an extension of time to appeal against a winding up order by the Supreme Court of Queensland, dated 14 October 2009, under the Corporations Act 2001 (Cth). The winding up order was made due to the insolvency of Westwood Enterprises. McElligott applied to the Court of Appeal in December 2010 for an extension of time to file a notice of appeal against this order. The Court of Appeal, consisting of Muir, Chesterman, and White JJA, declined her application.

The primary legal issue before the Court of Appeal was whether sufficient grounds existed to grant McElligott an extension of time to file a notice of appeal against the winding up order. The Court of Appeal considered the application and determined that the applicant had not provided compelling reasons to justify an extension. The Court of Appeal's decision was that there were no grounds to extend the time for appealing the winding up order, and the application was dismissed. The High Court reviewed the Court of Appeal's decision and found no reason to doubt its correctness.

The High Court, following r 41.10.5 of the High Court Rules 2004, affirmed the decision of the Court of Appeal. The Court directed the Registrar to draft, sign, and seal an order dismissing McElligott's application for an extension of time to appeal against the winding up order. The Court's decision was rendered by Justice Hayne and Justice Crennan on 10 May 2012. The final order confirmed the dismissal of McElligott's application and upheld the winding up order made by the Supreme Court of Queensland.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.