Rocom International Pty Ltd v Prentice

[2002] FCA 604

FEDERAL COURT OF AUSTRALIA

Rocom International Pty Ltd v Prentice [2002] FCA 604

PRACTICE AND PROCEDURE – application for an extension of time within which to file an application seeking review of the Trustee’s decision to reject proof of debt lodged by applicant liquidator – considerations relevant to extension of time – time for lodging application under s 104 of the Bankruptcy Act 1966 (Cth) runs from date decision on proof of debt is made - whether application by liquidator is without foundation – whether prejudice – delay in lodging proof of debt

Bankruptcy Act 1966 (Cth) ss 33, 104

Corporations Act 2001 (Cth) s 588G

Re CLUBB; Ex parte CLUBB v Westpac Banking Corporation (1990) 93 ALR 123 cited
Gallo v Dawson (1990) 93 ALR 479 cited
Jackamarra v Krakouer (1998) 195 CLR 516 referred to

IN THE MATTER OF THE ESTATE OF ROBIN JACK KNIGHT (BANKRUPT)

ROCOM INTERNATIONAL PTY LIMITED (IN LIQUIDATION) v
MAXWELL WILLIAM PRENTICE (TRUSTEE OF THE BANKRUPT'S ESTATE)

N 7093 of 2002

TAMBERLIN J
SYDNEY
17 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7093 OF 2002

IN THE MATTER OF THE ESTATE OF ROBIN JACK KNIGHT (BANKRUPT)

BETWEEN:	ROCOM INTERNATIONAL PTY LIMITED (IN LIQUIDATION) ACN 060 789 111 APPLICANT
AND:	MAXWELL WILLIAM PRENTICE (TRUSTEE OF THE BANKRUPT'S ESTATE) RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	7 MAY 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for extension of time is granted.

2.Costs be awarded in accordance with the outcome of the hearing of the application for review.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7093 OF 2002

IN THE MATTER OF THE ESTATE OF ROBIN JACK KNIGHT (BANKRUPT)

BETWEEN:	ROCOM INTERNATIONAL PTY LIMITED (IN LIQUIDATION) ACN 060 789 111 APPLICANT
AND:	MAXWELL WILLIAM PRENTICE (TRUSTEE OF THE BANKRUPT'S ESTATE) RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	17 MAY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I made orders on 7 May 2002 granting an extension of time under s 33(1)(c) of the Bankruptcy Act 1966 (Cth) (“the Act”) for the applicant to file an application brought pursuant to s 104 of the Act, to 5 April 2002 and I have also ordered that the costs of this application be paid in accordance with the outcome of the application. I now deliver my reasons.

2. The application under s 104 of the Act is to review and reverse the decision of the trustee respondent to reject a proof of debt lodged by the applicant liquidator who has been appointed to wind up the company of which the bankrupt was a former director. The claim of the liquidator is that the bankrupt is liable under s 588G of the Corporations Act 2001 (Cth) in respect of trading by the company whilst insolvent.

3. An exhaustive catalogue of considerations relevant to an application for extension of time…