Mervyn Jonathan Kitay as liquidator of ACN 009 009 072 Pty Ltd v CHAUCER Syndicates Ltd (CRN 184915) as managing agents for CHAUCER SYNDICATE 1084

In the Supreme Court of Western Australia, Mervyn Jonathan Kitay, the liquidator of ACN 009 009 072 Pty Ltd, sought relief against CHAUCER SYNDICATES LTD (CRN 184915) as managing agents for CHAUCER SYNDICATE 1084 under section 601AG of the Corporations Act 2001 (Cth). The court had to determine whether the claim was time-barred, if time could be extended under section 38(2) of the Limitation Act, and if time should be extended. The court held that the claim was time-barred, and there was no power to extend the time limit. The court found that the limitation period that applied to the underlying action against the deregistered company also applied to the action against the insurer. The court also found that the defendant's conduct did not meet the preconditions for extending time under section 38(2) of the Limitation Act. The court refused to make the declarations sought in the plaintiff's chambers summons.