Asia Pacific Glass v Sindea Trading Co (No 2) [2003] NSWSC 845

Asia Pacific Glass v Sindea Trading Co (No 2) [2003] NSWSC 845

Failure to fulfil the condition attached to the order for setting aside the statutory demand by the specified date means the order ceased to have effect and the statutory demand continues to stand. The court has no power to vary the order ex post facto to extend time, as this would circumvent the strict timeframe mandated by s.459G(2) of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
12 September 2003
Procedural Posture
Corporations Interlocutory Application to Vary Earlier Conditional Order Setting Aside Statutory Demand / Interlocutory, Judgment on Application to Vary Order Under Supreme Court Rules
Outcome
Interlocutory process dismissed with costs
Legal Topics
['statutory Demand' 'setting Aside Statutory Demand' 'conditional Orders' 'extension of Time' 'supreme Court Rules']
['corporations Law'] ['statutory Demand' 'setting Aside Statutory Demand' 'conditional Orders' 'extension of Time' 'supreme Court Rules']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Interlocutory Application to Vary Earlier Conditional Order Setting Aside Statutory Demand / Interlocutory, Judgment on Application to Vary Order Under Supreme Court Rules

Legal Issues

  1. 1 ['Whether the Court has power under Supreme Court Rules Part 40 rule 9(1) to vary a conditional order setting aside a statutory demand when the condition has not been fulfilled' 'Consequences of non-fulfilment of condition attached to an order under s.459M of Corporations Act 2001 (Cth)' 'Whether time for compliance with condition or application to set aside statutory demand can be extended']

Ratio Decidendi

Failure to fulfil the condition attached to the order for setting aside the statutory demand by the specified date means the order ceased to have effect and the statutory demand continues to stand. The court has no power to vary the order ex post facto to extend time, as this would circumvent the strict timeframe mandated by s.459G(2) of the Corporations Act 2001 (Cth).

Court Disposition

Interlocutory process dismissed with costs

Orders

  • ['The interlocutory process filed on 10 September 2003 is dismissed with costs.']