In the matter of Buildlux Pty Ltd [2024] NSWSC 614

In the matter of Buildlux Pty Ltd [2024] NSWSC 614

The Interlocutory Process seeking payment into Court pending final determination of the statutory demand application disclosed no reasonable cause of action; the Court lacks power in such circumstances to make such an order, and the applications were summarily dismissed pursuant to r 13.4 of the UCPR.

Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Corporations – Statutory Demand – Interlocutory Process / Interlocutory Application (summary Dismissal of Interlocutory Process)
Outcome
Profix's Interlocutory Process filed 8 April 2024 dismissed; leave to file Amended Interlocutory Process refused; costs orders made as between parties.
Legal Topics
['winding Up' 'statutory Demand' 'interlocutory Relief' 'summary Dismissal']
['corporations Law' 'civil Procedure'] ['winding Up' 'statutory Demand' 'interlocutory Relief' 'summary Dismissal']

Case Brief

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Procedural Posture

Corporations – Statutory Demand – Interlocutory Process / Interlocutory Application (summary Dismissal of Interlocutory Process)

Legal Issues

  1. 1 ['Whether an interlocutory process seeking payment into Court pending determination of an application to set aside a statutory demand discloses a reasonable cause of action' 'Whether the Court has power to order payment into Court in circumstances where proceedings are not an appeal from adjudication determination but an application to set aside a statutory demand' 'Whether seeking stay of proceedings if payment not made is available relief']

Ratio Decidendi

The Interlocutory Process seeking payment into Court pending final determination of the statutory demand application disclosed no reasonable cause of action; the Court lacks power in such circumstances to make such an order, and the applications were summarily dismissed pursuant to r 13.4 of the UCPR.

Court Disposition

Profix's Interlocutory Process filed 8 April 2024 dismissed; leave to file Amended Interlocutory Process refused; costs orders made as between parties.

Orders

  • ["Profix's Interlocutory Process filed 8 April 2024 dismissed pursuant to UCPR r 13.4." 'Leave for Profix to file the Amended Interlocutory Process refused.' "The Plaintiff (Buildlux) pay the Defendant's (Profix) costs thrown away by reason of the strike-out of paragraph 3 of the Originating Process, as agreed or as...