Graywinter Properties Pty Ltd & Ors v BMW Australia Finance Ltd [1997] FCA 1139

Graywinter Properties Pty Ltd & Ors v BMW Australia Finance Ltd [1997] FCA 1139

The Court had no power to make the further extension sought because the order of 15 September 1997 finally determined the applications under s 459G and the time for compliance, as extended to 6 October 1997, had expired; once the compliance period expired, the statutory presumption of non-compliance was available and there was no scope for a further extension.

Jurisdiction
Australia
Judgment Date
23 October 1997
Procedural Posture
Application to Extend the Period for Compliance With Statutory Demands Under the Corporations Law / After Dismissal of Applications to Set Aside Statutory Demands and After Filing of a Notice of Appeal
Outcome
Application dismissed with costs.
Legal Topics
['statutory Demands' 'extension of Time for Compliance' 'applications Under S 459 G' 'appeal Pending']
['corporations Law' 'civil Procedure'] ['statutory Demands' 'extension of Time for Compliance' 'applications Under S 459 G' 'appeal Pending']

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Procedural Posture

Application to Extend the Period for Compliance With Statutory Demands Under the Corporations Law / After Dismissal of Applications to Set Aside Statutory Demands and After Filing of a Notice of Appeal

Legal Issues

  1. 1 ['Whether the Court had power to extend the period for compliance with statutory demands to 21 days after determination of the appeal when the applications under s 459G had already been finally determined and the extended compliance period had expired.']

Ratio Decidendi

The Court had no power to make the further extension sought because the order of 15 September 1997 finally determined the applications under s 459G and the time for compliance, as extended to 6 October 1997, had expired; once the compliance period expired, the statutory presumption of non-compliance was available and there was no scope for a further extension.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an order extending the period for compliance with each statutory demand to 21 days after determination of the appeal was dismissed with costs.']