Australian Civil Infrastructure Group Pty Ltd v Murphy, McCarthy & Associates Pty Ltd [2012] NSWSC 133

Australian Civil Infrastructure Group Pty Ltd v Murphy, McCarthy & Associates Pty Ltd [2012] NSWSC 133

The application to set aside the statutory demand was filed out of time and the court lacked jurisdiction to extend the filing period, making the proceedings objectively certain to fail and justifying an order for costs on an indemnity basis against the Plaintiff.

Source-derived case information.

Parties
Plaintiff: Australian Civil Infrastructure Group Pty Ltd; Defendant: Murphy, McCarthy & Associates Pty Ltd
Jurisdiction
Australia
Judgment Date
16 February 2012
Procedural Posture
Application to Set Aside Statutory Demand / Final Judgment Dismissal of Proceedings
Outcome
Proceedings dismissed. Plaintiff to pay Defendant's costs on an indemnity basis.
Legal Topics
Costs, Indemnity Costs, Statutory Demand, Jurisdiction
Corporations Law Civil Procedure Costs Indemnity Costs Statutory Demand Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Australian Civil Infrastructure Group Pty Ltd

Plaintiff

Murphy, McCarthy & Associates Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment Dismissal of Proceedings

Legal Issues

  1. 1 Whether the Plaintiff should pay the Defendant's costs on an indemnity basis where proceedings were objectively certain to fail
  2. 2 Whether the court has jurisdiction to extend the 21 day period required by s 459G of the Corporations Act 2001 for filing an application to set aside a statutory demand

Ratio Decidendi

The application to set aside the statutory demand was filed out of time and the court lacked jurisdiction to extend the filing period, making the proceedings objectively certain to fail and justifying an order for costs on an indemnity basis against the Plaintiff.

Court Disposition

Proceedings dismissed. Plaintiff to pay Defendant's costs on an indemnity basis.

Orders

  • The proceedings be dismissed.
  • The Plaintiff pay the Defendant's costs on an indemnity basis.