Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Limited

Corporations law – Winding up in insolvency – Statutory demand – Extension of time – Application by appellant to set aside statutory demand under s 459G(2)(a) of the Corporations Act 2001 (Cth) dismissed by Master, but extension of time granted for compliance with the demand – After the expiration of the extension of time for compliance, the appellant applied for an order further extending the time for compliance with the demand – Presumption of insolvency where there was a failure to comply with a statutory demand – Whether Court had the power to extend the time for compliance after the period had expired – General interpretation provisions applied subject to contrary intention – Whether contrary intention sufficiently shown.

Words and phrases – "extend", "period of compliance", "the last such order".

Corporations Act 2001 (Cth) – ss 9, 70, 459F(2), 459G(2)(a).