In the matter of Britten-Norman Pty Limited [2013] NSWSC 424

In the matter of Britten-Norman Pty Limited [2013] NSWSC 424

Because there was evidence of an arguable case on appeal, the balance of prejudice favoured the applicant, and without extension the appeal would be rendered nugatory, the time for compliance with the statutory demand should be extended on modified terms until a stated date or, if leave to appeal is sought, until seven days after the leave application is determined.

Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Interlocutory Application / Application to Extend Time for Compliance With Statutory Demand
Outcome
Time for compliance with statutory demand extended.
Legal Topics
['statutory Demand' 'extension of Time' 'leave to Appeal' 'winding Up']
['corporations Law'] ['statutory Demand' 'extension of Time' 'leave to Appeal' 'winding Up']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Extend Time for Compliance With Statutory Demand

Legal Issues

  1. 1 ['Whether to extend time for compliance with a statutory demand under Corporations Act 2001 (Cth) after dismissal of application to set aside' 'Whether there is an arguable case for appeal' 'Whether appeal would be rendered nugatory without extension' 'Assessment of prejudice to parties']

Ratio Decidendi

Because there was evidence of an arguable case on appeal, the balance of prejudice favoured the applicant, and without extension the appeal would be rendered nugatory, the time for compliance with the statutory demand should be extended on modified terms until a stated date or, if leave to appeal is sought, until seven days after the leave application is determined.

Court Disposition

Time for compliance with statutory demand extended.

Orders

  • ['Time for compliance with demand extended until 4.00pm on 10 May 2013, or if application for leave to appeal filed on or before that date, then until seven days after final determination of that application, provided the plaintiff expeditiously conducts that application.' 'Orders made in accordance with short...