Snell v Glatis (No 4) [2021] NSWCA 42

Snell v Glatis (No 4) [2021] NSWCA 42

On the evidence now provided, including detailed affidavits explaining the current state of negotiations and financial position, and with all parties consenting, a limited further extension and adjournment are granted to facilitate finalisation of settlement, provided that proper documentation and consent orders are provided to the Court by the specified date.

Jurisdiction
Australia
Judgment Date
18 March 2021
Procedural Posture
Appeal / Interlocutory Application – Orders Varying Stay and Date for Providing Consent Orders
Outcome
Further extension and variation of existing stay granted by consent, with specified deadlines for consent orders; listing to be vacated if settlement documentation is completed in time.
Legal Topics
['variation of Orders' 'stay of Orders' 'winding Up Companies' 'oppressive Conduct']
['civil Procedure' 'corporations Law'] ['variation of Orders' 'stay of Orders' 'winding Up Companies' 'oppressive Conduct']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application – Orders Varying Stay and Date for Providing Consent Orders

Legal Issues

  1. 1 ['Whether to further vary the stay on orders for winding up of companies pending settlement' 'Whether proper evidence has been provided to justify delay in execution of orders']

Ratio Decidendi

On the evidence now provided, including detailed affidavits explaining the current state of negotiations and financial position, and with all parties consenting, a limited further extension and adjournment are granted to facilitate finalisation of settlement, provided that proper documentation and consent orders are provided to the Court by the specified date.

Court Disposition

Further extension and variation of existing stay granted by consent, with specified deadlines for consent orders; listing to be vacated if settlement documentation is completed in time.

Orders

  • ['Stand over the Notice of Motion filed 12 March 2021 part heard to Thursday 25 March 2021.' 'Vary the existing stay of orders 4-24 made on 4 November 2020 so that it expires at 2pm on Friday 26 March 2021.' "Direct the parties to provide any consent orders for the finalisation of the proceedings and the Notice of...