http://www.austlii.edu.au/au/cases/nsw/NSWCA/2014/450.html
CORPORATIONS – winding up – winding up in insolvency – voidable transactions – time limit for bringing of proceedings by liquidators under Corporations Act 2001 (Cth) s 588FF in respect of voidable transactions – time extended upon liquidators’ ex parte application by a “shelf” order under s 588FF(3)(b) applying to all proceedings against all persons – that “shelf” order later set aside as it relates to proceedings brought against Commissioner of Taxation – finding that directors of the company who would be liable under statutory indemnity to indemnify the Commissioner for loss or damage suffered through voidable transaction order were denied opportunity to be heard on the extension application and that there was a breach of the duty of candour to the court – liquidators challenge the order setting aside the “shelf” order as against the Commissioner – whether the relevant directors were entitled to an opportunity to be heard – nature of the “right”, “interest” or “expectation” giving rise to right to be heard discussed – nature and implications of s 588FGA liability of directors discussed – PROCEDURE – miscellaneous procedural matters – ex parte application – setting aside on application of a person denied an opportunity to be heard