Section 36(2) of the Acts Interpretation Act 1901 (Cth) is found to extend the time prescribed in s 459G of the Corporations Act 2001 (Cth)

The Supreme Court of Victoria in Onebev Pty Ltd v Encore Beverages Pty Ltd has held that s 36(2) of the Acts Interpretation Act 1901 (Cth) which deals with how time periods are to be calculated extended the 21 day period in which a debtor company could make an application to set aside a creditor’s statutory demand under s 459G of the Corporations Act 2001 (Cth). The last day for making the application was found to be a “holiday”, being ‘Easter Tuesday’ when the Supreme Court Registry was ‘effectively’ closed and, accordingly, the application could be made the next day. That the application could have been filed in the Federal Court Registry which was open and operating as usual on Easter Tuesday was not considered to render the provision inapplicable. Read further about the case here.