In the matter of Donchiod P/L (in liq) (ACN 601 212 300); Merrion B P/L (ACN 624 885 598) v Donchiod P/L (in liq) (ACN 601 212 300) [2023] VSC 111

CORPORATIONS - Application for winding up - Six month period for determination of application - Six month period expired - Associate Justice then extended time and later made a winding up order - Whether Associate Justice had jurisdiction to make order extending time - Whether error in exercise of Associate Justice's discretion to apply slip rule - Corporations Act 2001 ('the Act') s 459R - Supreme Court (General Civil Procedure) Rules 2015 ('Rules') r 36.07 ('slip rule') - Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1985) 61 FCR 385 applied - Hrycenko v Hrycenko [2022] FCAFC 152 discussed.

APPEAL - Application by insolvent company to extend time to appeal against winding up order - Application heard together with proposed appeal if extension granted - Two year delay - Delay not satisfactorily explained - Company insolvent - Relevant prejudice - Director of company relied on undertaking to pay all creditors within 30 days if appeal successful - Director's conduct under investigation by Australian Securities and Investments Commission under s 206F of the Act - Policy considerations - Proposed appeal arguable but would fail - Extension of time refused - Rules 77.06.2(1)(a) and (b).