Bluecrest Holdings Pty Ltd v Steve Blyth Electrical Engineering & Contracting Pty Ltd [1998] FCA 241

Bluecrest Holdings Pty Ltd v Steve Blyth Electrical Engineering & Contracting Pty Ltd [1998] FCA 241

The Court did not decide whether Bluecrest could rely on out-of-time affidavits raising a new ground, because it was not yet necessary to determine that question: Bluecrest might succeed on its original grounds or invoke equitable jurisdiction. As a matter of case management, consideration of the point should be deferred unless and until it becomes necessary, and the parties should be heard on what orders and directions should now be made.

Jurisdiction
Australia
Judgment Date
23 February 1998
Procedural Posture
Application to Set Aside a Creditor's Statutory Demand in the Context of Winding Up for Insolvency / Review Under S 35 A(5) of the Federal Court of Australia Act 1976 of Part of a Registrar's Decision Refusing Leave to Amend the Application to Include an Offsetting Claim
Outcome
Application for review stood over; no final determination on the amendment or out-of-time affidavit issue.
Legal Topics
['statutory Demand' 'application to Set Aside Statutory Demand' 'supporting Affidavit Filed and Served Within 21 Days' 'out of Time Affidavits' 'new Grounds' 'offsetting Claim' "review of Registrar's Decision"]
['corporations' 'insolvency' 'civil Procedure'] ['statutory Demand' 'application to Set Aside Statutory Demand' 'supporting Affidavit Filed and Served Within 21 Days' 'out of Time Affidavits' 'new Grounds' 'offsetting Claim' "review of Registrar's Decision"]

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Procedural Posture

Application to Set Aside a Creditor's Statutory Demand in the Context of Winding Up for Insolvency / Review Under S 35 A(5) of the Federal Court of Australia Act 1976 of Part of a Registrar's Decision Refusing Leave to Amend the Application to Include an Offsetting Claim

Legal Issues

  1. 1 ['Whether Bluecrest may rely on further affidavits filed after the 21 day period where they raise a new ground to set aside the statutory demand.' 'Whether it was necessary at this stage to decide if leave should be granted to amend the application to include an offsetting claim under s 459H(1)(b) of the Corporations Law.']

Ratio Decidendi

The Court did not decide whether Bluecrest could rely on out-of-time affidavits raising a new ground, because it was not yet necessary to determine that question: Bluecrest might succeed on its original grounds or invoke equitable jurisdiction. As a matter of case management, consideration of the point should be deferred unless and until it becomes necessary, and the parties should be heard on what orders and directions should now be made.

Court Disposition

Application for review stood over; no final determination on the amendment or out-of-time affidavit issue.

Orders

  • ['Stand the application for review over to 13 March 1998 or such other date as may be fixed for submissions on the orders that now ought to be made in the light of these reasons and on any directions that are required.' 'Direct that the parties file and serve by 10 March 1998 written submissions on the question...