Full Court Minute Books

Case S229/2014

JPMorgan Chase Bank, National Association & Anor v. Fletcher & Ors

 Case No.


 Related matter.

 S228/2014 - Grant Samuel Corporate Finance Pty Limited v.  Fletcher & Ors

 Case Information

Lower Court Judgment

28/02/2014 Supreme Court of New South Wales (Court of Appeal) (Beazley P, Macfarlan JA, Gleeson JA)

[2014] NSWCA 31


Corporations law – Insolvency – Voidable transactions – Corporations Act 2001 (Cth) (“Act”), s 588FF(3) – Under s 588FF(3)(b), court made order extending time for first respondent to bring proceedings under s 588(1) of Act against second respondent – After expiry of period within which any application under 588FF(3)(b) was able to be made, further court order was made under r 36.16(2)(b) of Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) varying original extension order – Effect of variation order was to extend period within which any s 588(1) application had to be brought by further six months – Whether r 36.16(2)(b) of UCPR permits further extension of three year period specified in s 588FF(3)(a) of Act by order varying earlier valid extension in circumstances where the application for such variation is made on a date after the expiry of original three year period.

Short Particulars


15/08/2014 Hearing (SLA, Sydney)

28/08/2014 Notice of appeal

19/09/2014 Written submissions (Appellant)

19/09/2014 Chronology (Appellant)

10/10/2014 Written submissions (Respondents)

24/10/2014 Reply

12/11/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

11/03/2015 Judgment (Judgment summary)