KB Productions 2001 Pty Ltd v Kurt [2016] NSWSC 44

KB Productions 2001 Pty Ltd v Kurt [2016] NSWSC 44

Because Davies J accepted on balance that Mr Dimitriou attempted to file the financial statement in compliance with the extended time given by the Registrar, it was not appropriate to dismiss his motion; the instalment application was returned to the Registrar for consideration under the Rules.

Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Judgments; Application to Pay by Instalments / Defendants' Application to Dismiss the Plaintiff's Notice of Motion Dated 9 February 2016
Outcome
Defendants' application to dismiss refused; Plaintiff's Notice of Motion returned to the Registrar for consideration under the Rules.
Legal Topics
['application to Pay by Instalments' 'failure to Comply With Procedural Directions' "registrar's Orders" 'dismissal of Motion']
['civil Procedure' 'judgments'] ['application to Pay by Instalments' 'failure to Comply With Procedural Directions' "registrar's Orders" 'dismissal of Motion']

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Procedural Posture

Judgments; Application to Pay by Instalments / Defendants' Application to Dismiss the Plaintiff's Notice of Motion Dated 9 February 2016

Legal Issues

  1. 1 ["Whether the application to pay by instalments should be dismissed for failure to comply with the Registrar's orders to file and serve an amended financial statement." 'Whether the application for instalments should be returned to the Registrar for consideration under the Rules.']

Ratio Decidendi

Because Davies J accepted on balance that Mr Dimitriou attempted to file the financial statement in compliance with the extended time given by the Registrar, it was not appropriate to dismiss his motion; the instalment application was returned to the Registrar for consideration under the Rules.

Court Disposition

Defendants' application to dismiss refused; Plaintiff's Notice of Motion returned to the Registrar for consideration under the Rules.

Orders

  • ["Defendant's application to dismiss the Plaintiff's Notice of Motion dated 9 February 2016 refused." "Plaintiff's Notice of Motion dated 9 February 2016 to be returned to the Registrar for consideration under the Rules."]