Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (In Liq)

Sydney Recycling Park Pty Ltd (the appellant) sought leave to appeal from a decision of the primary judge concerning applications made by the liquidator of Cardinal Group Pty Ltd (in liq) (the respondent) under section 588FF of the *Corporations Act 2001* (Cth) to set aside certain transactions as voidable. The dispute centred on whether the time limit prescribed by section 588FF(3) applied to each individual transaction impugned by the liquidator, or to the application as a whole.

The primary legal issues before the Court of Appeal were: first, the interpretation of the time limit in section 588FF(3) of the *Corporations Act 2001* (Cth) in relation to applications to set aside voidable transactions; and second, whether the procedural powers of amendment under sections 64 and 65 of the *Civil Procedure Act 2005* (NSW) were "picked up" by section 79 of the *Judiciary Act 1903* (Cth) in relation to these proceedings, or if section 588FF(3) of the *Corporations Act* "otherwise provided" so as to exclude those State powers.

The Court of Appeal held that the time limit in section 588FF(3) applied to each individual transaction that the liquidator sought to impugn. The Court further determined that section 588FF(3) of the *Corporations Act* did "otherwise provide" in relation to the time for bringing an application, thereby preventing the procedural powers of amendment under the *Civil Procedure Act 2005* (NSW) from being picked up by section 79 of the *Judiciary Act 1903* (Cth). Consequently, the appeal was dismissed.