Gestion Pty Limited v Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 [2015] NSWCA 198

Gestion Pty Limited v Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182 [2015] NSWCA 198

Leave to begin and proceed with the appeal was granted because the application was not opposed, security for costs provided, and no question of principle arose.

Parties
Applicant/appellant: Gestion Pty Limited; First Respondent: Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182; Second Respondent: Stephen Longley, Marcus Ayres and Nicholas Martin in their capacity as former joint and several administrators and in their capacities as joint and several liquidators of Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182
Jurisdiction
Australia
Judgment Date
06 July 2015
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave granted to begin and proceed with appeal; no order as to costs of the application.
Legal Topics
Leave to Appeal Under S 500(2) Corporations Act, Procedural Rulings
Corporations Leave to Appeal Under S 500(2) Corporations Act Procedural Rulings

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Parties

Gestion Pty Limited

Applicant/appellant

Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182

First Respondent

Stephen Longley, Marcus Ayres and Nicholas Martin in their capacity as former joint and several administrators and in their capacities as joint and several liquidators of Kit Digital Australia Pty Limited (In Liquidation) ACN 101 260 182

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave should be granted under s 500(2) of the Corporations Act 2001 (Cth) to begin and proceed with the appeal

Ratio Decidendi

Leave to begin and proceed with the appeal was granted because the application was not opposed, security for costs provided, and no question of principle arose.

Court Disposition

Leave granted to begin and proceed with appeal; no order as to costs of the application.

Orders

  • Grant leave to the applicant/appellant to begin and proceed with the appeal.
  • Make no order as to the costs of this application.