Deluxe Developments Pty Ltd (In Liq) v Downer EDI Engineering Pty Ltd; In the matter of Downer EDI Engineering Pty Limited [2017] NSWSC 894

Deluxe Developments Pty Ltd (In Liq) v Downer EDI Engineering Pty Ltd; In the matter of Downer EDI Engineering Pty Limited [2017] NSWSC 894

The delay was not unreasonable given Downer’s position was tied to whether Deluxe pursued its claim, prejudice alleged by Deluxe was not substantial, and Downer would suffer greater prejudice if the extension was not granted. Therefore, Downer is entitled to the extension sought.

Parties
First Plaintiff (2016/256357): Deluxe Developments Pty Ltd (In Liq); Second Plaintiff (2016/256357); Defendant (2017/140147): Riad Tayeh and David Solomons in their capacity as joint and several liquidators of Deluxe Developments Pty Ltd (In Liq); Defendant (2016/256357); Plaintiff (2017/140147): Downer EDI Engineering Pty Ltd
Jurisdiction
Australia
Judgment Date
07 July 2017
Procedural Posture
Procedural and Other Rulings / Determination of Applications for Extension of Time and for Separate Question
Outcome
Extension of time granted; application for separate question dismissed. Costs allocated as per orders.
Legal Topics
Extension of Time, Appeal Against Rejection of Proof of Debt, Set Off, Prejudice From Delay, Public Examination Costs
Practice and Procedure Corporations Law Extension of Time Appeal Against Rejection of Proof of Debt Set Off Prejudice From Delay Public Examination Costs

Case Brief

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Parties

Deluxe Developments Pty Ltd (In Liq)

First Plaintiff (2016/256357)

Riad Tayeh and David Solomons in their capacity as joint and several liquidators of Deluxe Developments Pty Ltd (In Liq)

Second Plaintiff (2016/256357); Defendant (2017/140147)

Downer EDI Engineering Pty Ltd

Defendant (2016/256357); Plaintiff (2017/140147)

Procedural Posture

Procedural and Other Rulings / Determination of Applications for Extension of Time and for Separate Question

Legal Issues

  1. 1 Whether extension of time for appeal against rejection of proof of debt should be granted
  2. 2 Whether Downer is entitled to set-off against Deluxe’s claim
  3. 3 Whether prejudice was suffered as a result of delay

Ratio Decidendi

The delay was not unreasonable given Downer’s position was tied to whether Deluxe pursued its claim, prejudice alleged by Deluxe was not substantial, and Downer would suffer greater prejudice if the extension was not granted. Therefore, Downer is entitled to the extension sought.

Court Disposition

Extension of time granted; application for separate question dismissed. Costs allocated as per orders.

Orders

  • The notice of motion filed on 3 March 2017 dismissed.
  • Defendant pay the plaintiffs’ costs of the motion up until 10 May 2017 and each party bear own costs thereafter.